The Justice Department has initiated several high-profile criminal investigations and civil lawsuits involving political figures and election procedures in the final weeks before the midterm elections. Recent actions include a search of Rep. Ilhan Omar's (D-MN) home, the indictment of Virginia State Sen. L. Louise Lucas (D), and new criminal charges against former FBI Director James Comey. Former department officials state these moves depart from long-standing practices intended to avoid influencing voters.
Historically, the Justice Department has observed an unwritten 60-day rule, avoiding overt investigative steps close to an election that could impact a race. The Justice Department Manual also prohibits timing actions to provide advantages or disadvantages to candidates. Attorney General Todd Blanche rejected claims of political motivation, stating the department follows "the facts and the law, not anyone's political timetable." Multiple sources confirmed that Blanche has not issued the customary memorandum to staff regarding election-year sensitivities.
In Virginia, prosecutors charged state Sen. Lucas with racketeering and money laundering related to a cannabis business, though she is not on the ballot this year. In Minnesota, federal agents searched the home of Rep. Omar earlier this month in a probe involving immigration fraud allegations. Additionally, the department filed charges against former FBI officials Nikki Floris and Bradley Benavides for allegedly lying about the Hunter Biden laptop investigation. An FBI agent reported this probe began at the request of FBI Director Kash Patel following a speech by President Trump.
The department's legal maneuvers also affect ballot processing and voter registration. In California, the DOJ unsuccessfully sued to force the state to set aside 20,000 ballots belonging to individuals it claimed might be noncitizens. In other jurisdictions, the department has publicized dozens of arrests of alleged noncitizens accused of voting in past cycles, often for misdemeanor offenses. David Becker of the Center for Election Innovation & Research noted these investigations could have occurred during the previous 21 months but were instead initiated immediately before the election, potentially creating a perception of interference.
Former prosecutors, including Gregory Brower and Gregory Rosen, state that such moves risk eroding public trust in the department's impartiality. They noted that even merit-based cases may be viewed as politically stained by juries, potentially hindering the ability to secure convictions. The Public Integrity Section, designed to oversee such sensitive cases, reportedly has only two staff members remaining after leadership changes last year. What happens next depends on court rulings and the upcoming midterm elections; many of these cases will proceed to trial or grand jury review after voters have cast their ballots.