DOJ Issues 30 Subpoenas in Alaska 'Decoy Dan' Probe
Former FEC official argues that the Biden-era indictment of Donald Trump created the legal precedent for the current investigation into Democratic campaign tactics.
By Harper Laurent ·
More than 30 subpoenas were issued by the Trump administration in a single 24-hour period as part of a criminal investigation into the Alaska Senate race. The Justice Department is examining whether Democratic operatives recruited Daniel J. Sullivan, a retired school teacher known as "Decoy Dan," to siphon votes from Republican incumbent Sen. Dan Sullivan. Alaska U.S. Attorney Michael Heyman announced the probe at a news conference Friday, joined by FBI officials and Alaska State Troopers. Heyman stated the department is investigating whether Sullivan was colluding with aides from the campaign of Democratic candidate Mary Peltola.
Hans von Spakovsky, a former Federal Election Commission member and senior legal fellow at Advancing American Freedom, told Fox News Digital that the Biden-era prosecution of Donald Trump laid the groundwork for the current Alaska case. Von Spakovsky noted that critics often dismiss the Alaska probe as weak because it alleges a conspiracy to defraud voters. He countered that the indictment filed by special counsel Jack Smith against Trump in the District of Columbia established a clear precedent for such theories.
Von Spakovsky explained that prosecutors could apply similar federal statutes to the Alaska matter. In the 2023 indictment of Trump, charges included conspiracy to defraud the United States and conspiracy against rights. Those charges alleged that Trump used fraud and deceit to obstruct the certification of the 2020 election and conspired to deprive voters of having their lawful votes counted. Von Spakovsky said the legal analysis in Alaska would follow the same lines if investigators determine that Democratic operatives knowingly recruited Daniel J. Sullivan to confuse voters and divert support from the Republican senator.
The Justice Department previously filed a lawsuit on October 22 seeking to block the certification of election results if Sen. Dan Sullivan lost by fewer votes than those cast for Daniel J. Sullivan. The lawsuit was amended Friday to incorporate reporting from The New York Times. That reporting alleged that the Democratic Senatorial Campaign Committee and senior Peltola aides worked to recruit candidates who could pull votes away from the incumbent. Heyman referenced the Times reporting repeatedly during the news conference and said the department was taking the information extremely seriously.
Aubrey Wieber, executive director of the 907 Initiative, a progressive advocacy group, criticized the timing of the announcement. Speaking to Alaska Public Media, Wieber suggested the news conference on the eve of the election was driven by ulterior motives. She stated that the move appears designed to interfere in the election and put a thumb on the scale. Omar Noureldin, senior vice president of policy and litigation at Common Cause, argued that the federal government has no authority to intervene in state election law. He pointed to the Alaska Supreme Court, which rejected a push to disqualify Daniel J. Sullivan from the ballot in June.
Von Spakovsky described the recruitment of a candidate with the same name as a political opponent as a dirty trick but noted that the act itself is not necessarily a criminal violation. He said the legal situation changes if operatives paid the candidate or provided services to organize his campaign. Providing campaign assistance outside of volunteer status constitutes an in-kind contribution subject to federal reporting rules. Von Spakovsky said any failure to properly report such contributions could create a separate campaign-finance violation. Heyman said the department was not making assumptions about whether a crime had been committed and was conducting a thorough investigation.
