#courts

On Sunday, November 1, U.S. District Judge Sharon Gleason dismissed the Justice Department's suit seeking to block certification of Alaska's Senate race if Republican Sen. Dan Sullivan lost to Democrat Mary Peltola. She called the relief "infeasible" because many people had already voted, said the government offered "no workable plan" to investigate ballots for the second candidate, retired teacher Daniel J. Sullivan, while preserving voter secrecy, and wrote that the effort ran counter to the Constitution's grant of election authority to states. The department filed notice it will appeal. AP also reports the department escalated a criminal investigation with new grand jury subpoenas.

After Tuesday's vote the race was uncalled at the cutoff; NBC called it too early to call, and Sullivan said he was "confident when all the votes are counted." On Truth Social, President Trump said votes for Daniel J. Sullivan and candidate Gerald Heikes "should be immediately given to the REAL Dan Sullivan." Alaska uses ranked-choice voting: if no one tops 50%, last-place candidates are eliminated and their voters' next choices counted. A separate measure to repeal ranked-choice voting was too early to call in NBC's tally.

On October 28, U.S. District Judge David O. Carter denied the Trump administration's request that California set aside the mail ballots of up to 20,000 registered voters that Homeland Security agencies flagged as likely noncitizens. Carter wrote the request "would wreak havoc and disrupt the election that is already underway" and that "if the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger." More than 3.7 million Californians had already voted, and Los Angeles County said over 500,000 ballots had been separated from their envelopes. Prosecutors filed an appeal the same evening; the 9th Circuit had dismissed an earlier appeal 2-1 on October 26 because Carter had not yet ruled.

On October 29, Carter appointed a special master to examine the federal list, which both sides agree includes an unspecified number of citizens. AP also reported that federal prosecutors subpoenaed Los Angeles County election staff to appear in court on November 4, citing a Homeland Security criminal investigation.

Hennepin County Attorney Mary Moriarty announced on October 28 felony charges of unlawful voting and identity theft against conservative activists James O'Keefe and Cameron Higby over videos filmed at Minneapolis polling places during Minnesota's August 11 primary. In the videos, the men, wearing Islamic dress and using accents, ask election workers about vouching, the Minnesota rule letting a registered voter swear to the address of up to eight unregistered voters. Moriarty said they gave names of registered voters, including some who had died and at least one who had voted. "I think it's pretty clear they did not intend to vote. That's not the question here," she said, adding "you cannot give somebody else's name and misrepresent yourself." Neither man signed a vouching oath.

O'Keefe's group said in August its people "did not cast ballots" and were testing the law; Higby denied breaking any law. A first court appearance is set for November 16.

On October 26, U.S. District Judge Trevor McFadden unsealed a criminal information, filed October 5, charging former FBI Director James Comey with transmitting national defense information and conspiracy to do so. Prosecutors say Comey directed staff to talk to a New York Times reporter about the accuracy of an earlier Reuters report, which they say passed on classified information that appeared in an October 5, 2016 Times article about Yahoo and email surveillance.

Comey's lawyers have moved to dismiss, arguing the 10-year deadline required a grand jury indictment, not an information filed by prosecutors; the Justice Department says filing an information to pause the clock is a widely recognized practice. Comey can't be tried on the information alone unless he waives indictment. His lawyer, Patrick Fitzgerald, says two earlier prosecution teams declined to charge anyone over the article; Comey called the case "an appalling abuse of the Department of Justice" and said he is innocent. It is his third federal case: the first was dismissed and an April case over his "8647" seashell post is pending. The same day, a judge ruled his daughter, prosecutor Maurene Comey, was unlawfully fired and ordered her reinstated.

The Justice Department has sued California and asked a federal court to make the state segregate ballots from about 20,000 registered voters that federal officials call "likely noncitizens." On October 19, Acting Deputy Attorney General Trent McCotter announced charges against 28 green-card holders, all on that list, and acknowledged it may include some citizens. In an October 20 filing, state Attorney General Rob Bonta called the suit "a reckless political stunt." Los Angeles County officials reviewed a sample of 200 names; of those with a reported birthplace, 38.9% indicated they were born in the U.S., NPR reports.

Separately, on October 21 U.S. District Judge Araceli Martínez-Olguín barred Homeland Security officers in nine states from field operations aimed at people they know or should suspect are citizens, or based only on USCIS data matches, writing that the effort likely violates the Voting Rights Act's ban on voter intimidation. DHS said it has "no plans to question or investigate people we believe to be U.S. citizens." The order runs through election night unless it is appealed.

A three-judge panel of the US Court of Appeals for the DC Circuit, appointed by Presidents Clinton, Obama and Biden, heard arguments Wednesday in DC Attorney General Brian Schwalb's challenge to the Guard deployment that began in August 2025 and peaked at about 5,000 troops. All three judges challenged the District's argument that the president lacks at least some authority to deploy the Guard there, while at least one was openly skeptical of the Justice Department, Fox 5 DC reports. The DOJ warned that limiting the president could block Guard support for inaugurations, protests and disaster relief. A district judge ruled the deployment illegal last November; the appeals court paused that ruling in December.