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Trump DOJ's Alaska Election Lawsuit Faces Emergency Motion for Dismissal
Emergency motion demands Trump DOJ's Alaska election lawsuit dismissed this week to prevent election interference.
In brief
Emergency motion demands Trump DOJ's Alaska election lawsuit dismissed this week to prevent election interference. Trump DOJ's lawsuit over alleged voter confusion in Alaska must be dismissed before November 3 to avoid undermining election results. Originally reported by Law & Crime.
Emergency motion filed
An emergency motion seeks dismissal of Trump DOJ's Alaska election lawsuit this week to prevent interference with midterm results.
“The Trump DOJ's lawsuit over alleged voter 'confusion' in Alaska cannot 'hang like the Sword of Damocles over the ongoing' midterm election and must be dismissed as soon as 'this week', said an emergency motion filed Sunday in federal court.”
DOJ's legal claim
DOJ claims if Senator Dan Sullivan loses to Mary Peltola, Sullivan ran to mislead supporters by filing candidacy with intent to confuse.
“On June 15, the Alaska Division of Elections (in a letter issued by Defendant Beecher) found that Daniel J. Sullivan's declaration of candidacy was not properly filed with the Division because it was not filed in order to declare an actual good-faith candidacy for the office of United States Senator but was instead filed with a purpose to confuse or mislead and to thereby compromise the ballot's fairness or neutrality.”
Attorney General's defense
Attorney General Todd Blanche claims DOJ isn't laying groundwork for Trump to take over state elections.
“Attorney General Todd Blanche claimed that the DOJ wasn't 'laying any groundwork for the president' to 'take over a state election in any way, shape, or form'.”
Expert criticism
An election law expert called DOJ's legal argument 'unprecedented' and 'legally baseless'.
“One prominent election law expert immediately panned the 'legal argument' in the case, which President Donald Trump claimed credit for as 'one of the worst ones I've ever seen'.”
Peltola campaign response
Peltola's campaign, with Democratic Senatorial Campaign Committee, says DOJ's ask is legally baseless and unprecedented.
“DOJ seeks an unprecedented order precluding certification of the U.S. Senate election if the candidate the President favors loses narrowly. As the proposed Motion to Dismiss reflects, DOJ's claims are utterly without legal basis.”
Campaign's legal strategy
Campaign urges court to dismiss lawsuit before November 3 to prevent false claims about election results.
“If this lawsuit remains pending when results from Alaska's Senate race begin to be released next Tuesday, November 3, and if those results suggest a narrow victory for Mary Peltola, Alaskans for Mary and DSCC are seriously concerned that the Attorney General and the President will use the pending lawsuit to falsely suggest that there is doubt about the lawfulness of Alaska's election results, without any legal basis, to lay the groundwork for unlawful efforts to challenge a potential Peltola victory.”
Timeline for response
Campaign requests court to resolve motions by October 27 to allow response before election results are released.
“Proposed Intervenors request that the Court order the Department of Justice and the existing Defendants at their option, to simultaneously respond to all three motions by 5:00 p.m. AKDT on Tuesday, October 27; to allow Proposed Intervenors to file a reply by 12:00 p.m. AKDT on Wednesday, October 28, and for the Court to resolve the motions as soon as possible this week.”
Legal expert opinion
Election law expert states DOJ's claims lack legal foundation for election interference.
“The legal argument in the case, which President Donald Trump claimed credit for as 'one of the worst ones I've ever seen', is legally baseless.”
Attorney David Fox
Attorney David Fox of Marc Elias' firm urges immediate dismissal of lawsuit to protect public trust in Alaska elections.
“In an attached declaration from the campaign, attorney David Fox of Marc Elias' firm Elias Law Group LLP said the 'meritless lawsuit' should be thrown out as soon as 'this week' and 'before election day'.”
Court's role
Chief U.S. District Judge Sharon Louise Gleason, Obama appointee, faces pressure to dismiss lawsuit quickly.
“The lawyer urged Chief U.S. District Judge Sharon Louise Gleason, a Barack Obama appointee, not to let the Trump administration inflict 'further damage to public trust in Alaska's elections'.”
Election timeline
Alaska Senate race results expected to be released November 3, with potential for narrow victory for Peltola.
“If this lawsuit remains pending when results from Alaska's Senate race begin to be released next Tuesday, November 3, and if those results suggest a narrow victory for Mary Peltola, Alaskans for Mary and DSCC are seriously concerned that the Attorney General and the President will use the pending lawsuit to falsely suggest that there is doubt about the lawfulness of Alaska's election results.”
Potential consequences
DOJ's lawsuit could be used to falsely claim election results are questionable if Peltola wins narrowly.
“The Attorney General and the President will use the pending lawsuit to falsely suggest that there is doubt about the lawfulness of Alaska's election results, without any legal basis, to lay the groundwork for unlawful efforts to challenge a potential Peltola victory.”
Campaign's urgency
Campaign wants court to act quickly to prevent false claims about election results before November 3.
“Alaskans for Mary and DSCC are seriously concerned that the Attorney General and the President will use the pending lawsuit to falsely suggest that there is doubt about the lawfulness of Alaska's election results, without any legal basis, to lay the groundwork for unlawful efforts to challenge a potential Peltola victory.”
Legal basis for dismissal
DOJ's claim that Sullivan's candidacy was misleading lacks legal foundation for election interference.
“On June 15, the Alaska Division of Elections (in a letter issued by Defendant Beecher) found that Daniel J. Sullivan's declaration of candidacy was not properly filed with the Division because it was not filed in order to declare an actual good-faith candidacy for the office of United States Senator but was instead filed with a purpose to confuse or mislead and to thereby compromise the ballot's fairness or neutrality.”
Election integrity
Campaign argues lawsuit threatens election integrity by creating false claims of election irregularities.
“The Court should not allow this lawsuit to hang like the Sword of Damocles over the ongoing election, lending false legitimacy to the President's and the Attorney General's ongoing efforts to spread false narratives about Alaska's elections as voting continues and as results begin to be tabulated next week.”
Next steps
Court must dismiss lawsuit by October 27 to prevent interference with November 3 election results.
“Proposed Intervenors request that the Court order the Department of Justice and the existing Defendants at their option, to simultaneously respond to all three motions by 5:00 p.m. AKDT on Tuesday, October 27; to allow Proposed Intervenors to file a reply by 12:00 p.m. AKDT on Wednesday, October 28, and for the Court to resolve the motions as soon as possible this week.”
The main idea
Trump DOJ's lawsuit over alleged voter confusion in Alaska must be dismissed before November 3 to avoid undermining election results.
