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Anchorage, Alaska – The top prosecutor of the Department of Justice in Alaska called new reporting about the origins of an independent candidate’s Senate campaign “disturbing” and said the new information “has led to a significant flood of legal assets” for the state.
But Michael Heyman, the US attorney for the District of Alaska, declined to detail which specific crimes are being investigated, because Daniel J. Sullivan, a candidate with the same first and last name as Republican Senator Dan Sullivan, is expected to appear on the ballot on Tuesday. Heyman said he “makes no assumptions about whether a crime has been committed or not.”
“That’s what we do, we investigate whether a crime was committed under different theories, so I’m not going to comment on what those theories are, nor am I going to put the cart before the horse,” he said.
Heyman also said during the press conference: “We are aware of recent New York Times reporting about the Peltola campaign and the Democratic Senatorial Campaign Committee that they orchestrated a widespread conspiracy to recruit and promote Daniel J. Sullivan as a sham candidate, and we take that extremely seriously.”
Asked by CBS News why the Justice Department is choosing to escalate the case before the election, Heyman said, “We’re not escalating anything unless a new article came out.”
“This has been going on quietly for several months, with the intention of not escalating anything,” he said, adding that investigators are taking allegations related to electoral integrity seriously, even if a few days before the election.
Republicans have claimed that Daniel J. Sullivan is a plant by Democrats to confuse voters and boost Democratic candidate Mary Peltola in one of the most competitive Senate races in the country.
Peltola and national Democrats have strongly denied any involvement in his campaign. Peltola said On Thursday, she was “not interested in tricking the voters” and “knew nothing about other candidates on the ballot except for me and the incumbent.”
The Democratic Senatorial Campaign Committee argued that Republicans are connected to their own efforts to stack the Alaska ballot to help their preferred candidates, including in this year’s Senate primary and in other elections.
State election officials initially determined that Daniel J. Sullivan was ineligible to appear on the ballot, accusing him of a “deliberate attempt” to confuse Alaska voters. But the decision was overturned by state courts, which ruled that state officials do not have the authority to exclude a candidate based on their interpretation of “good faith.”
The controversy drew renewed scrutiny after the New York Times reported that operatives associated with Peltola’s campaign helped recruit the second Sullivan to run. Alaska Governor Mike Dunleavy ordered an investigation into the matter in the Department of Justice Issue statements counts several Democratic officials.
In a separate civil case, the Trump administration sued to block Alaska from certifying the results of the Senate race if the Republican incumbent loses due to “voter confusion.”
On Friday, the Justice Department requested a preliminary injunction, saying it would “ensure the preservation and segregation of ballots that may be affected by voter confusion.” The government also asked for speedy discovery. Heyman previously said the department would request expedited discovery by Monday, one day before the election. The filing relies heavily on New York Times reporting.
“Daniel J. Sullivan is not trying to serve in the United States Senate, but is trying to confuse voters,” the filing says. “Accordingly, there will be real voter confusion through this frivolous candidacy.”
During the press conference, Heyman also said that he had recused himself from the matter some time ago, but that the recusal “is officially withdrawn.” Heyman said he was rejected because he was being considered for a judicial nomination, which is no longer the case.
