DOJ issues new subpoenas in Alaska Senate probe as officials weigh possible criminal charges

October 29, 2026 / 6:35 PM EDT / CBS News Add CBS News on Google The Justice Department has begun issuing a new wave of subpoenas stemming from an ongoing criminal investigation into Alaska's Senate race, including the alleged efforts by Democrats to recruit a candidate with the same name as Republican incumbent Sen. Dan Sullivan, multiple sources familiar with the matter confirmed to CBS News.The subpoenas are targeting several Democratic officials believed to be tied to the effort to recruit Daniel J. Sullivan to appear on Alaska's ballot. Nobody involved in the race has been charged with a crime.The department also amended its civil lawsuit seeking to block certification of the results if Sullivan loses due to "voter confusion," adding in details from a New York Times report on alleged efforts by people associated with Democrat Mary Peltola's campaign to find candidates who could draw votes away from Sullivan. The new filing calls the situation a "conspiracy to undermine the integrity of the electoral process."Peltola's campaign and the Democratic Senatorial Campaign Committee have denied any connection to the effort to put Daniel J. Sullivan on the ballot. Daniel S. Sullivan has said in the past he is genuinely interested in running.During a briefing with reporters Thursday, a Justice Department official offered perspective into the department's investigative approach in its criminal probe, saying there had been a "significant increase in activity" surrounding the Alaska race over the previous 24 hours. The Times report was published on Wednesday.The Times' article detailed internal emails and text messages from individuals with knowledge of the alleged recruitment efforts — information the official suggested might significantly expand the government's ability to pursue its criminal investigation, since such communications are historically difficult for investigators to obtain without search warrants or voluntary cooperation from individuals with access to the material.The official also alluded to possible investigative steps, like preservation requests to technology companies, search warrants for electronic communications and grand jury subpoenas seeking documents or testimony from those allegedly involved. Asked what federal crimes could be implicated by an alleged recruitment scheme, the Justice Department official identified two civil rights statutes, 18 U.S.C. Sections 241 and 242, as potential roads for prosecutorial action.Section 241 prohibits conspiracies to interfere with federally protected rights, including voting rights, while section 242 centers on willful deprivation of rights under color of law. The official added that prosecutors might, in a situation like this, examine whether there was a coordinated effort to trick voters into selecting a candidate.The official referenced the federal prosecution of Douglass Mackey, convicted of conspiracy for posting misleading messages online during the 2016 election falsely encouraging Hillary Clinton supporters to vote by text message. That conviction was ultimately overturned by a federal appeals court in 2025.Still, a Justice Department official acknowledged that the agency was not aware of any confirmed instances in which an Alaska voter had mistakenly cast a ballot for the wrong Dan Sullivan. "I think I've not heard of that, but it's hard to tell exactly," the official said when asked whether voters had reported confusion or attempted to correct their ballots.Republican Gov. Mike Dunleavy directed a separate state investigation this week, ordering Alaska's Department of Public Safety to examine whether the alleged recruitment effort violated state law and whether criminal or civil action is merited.CBS News has reached out to the Department of Justice, Peltola's campaign and the Democratic Senatorial Campaign Committee for comment.Separate civil lawsuit also expandsThe criminal investigation is ramping up alongside a separate civil lawsuit filed by the Trump administration last week, seeking to prevent Alaska from certifying the Senate election results under certain circumstances if the Republican incumbent loses.That lawsuit addresses the government's concerns that votes intended for Sen. Sullivan could instead go to Daniel J. Sullivan, a retired teacher whose candidacy was previously challenged by state election officials but ultimately greenlit by Alaska's Supreme Court.The suit, which argues Sullivan's candidacy violates the National Voter Registration Act, was amended on Thursday to include the Times' reporting. It now includes a second claim for relief, arguing the court needs to intervene under the Constitution's Supremacy Clause in order to allow the government to enforce the law and prevent a "conspiracy.""Although what the New York Times reports is not always true, its reporting here aligns with what the United States has been alleging on information and belief. It also aligns with common sense," the amended complaint reads. Alaska officials have previously asked a federal judge to dismiss the lawsuit, arguing that election administration is a state responsibility.During Thursday's briefing, before the suit was amended, Justice Department officials largely characterized the civil lawsuit as an effort to preserve the government's ability to challenge an election result if deemed necessary."I don't see this as much more than a preservation suit," one official offered, arguing that once ballots are counted and separated from envelopes, establishing whether individual voters were confused becomes increasingly challenging. The official also expressed interest in obtaining discovery concerning what Peltola's campaign knew about the alleged recruitment operation, and furthermore, when campaign officials may have learned of it.President Trump has railed against the Alaska ballot situation, calling for Peltola and Daniel J. Sullivan to be taken off the ballot. Asked by reporters about the Justice Department's lawsuit, he said last week: "Well, I'm the one that said, 'Do it.'"