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DOJ opposes allowing Peltola and Democratic campaign organizations to contest US Senate lawsuit
Concerns state won’t fight efforts to nullify election if outcome is close aren’t valid, Trump administration argues; ruling on participation expected Wednesday
By Mark Sabbatini
Juneau Independent
The Trump administration on Tuesday opposed allowing additional opposition to its lawsuit seeking to halt Alaska’s U.S. Senate race if Republican incumbent Dan Sullivan narrowly loses, arguing the state is offering strong opposition as the defendant in the case.
Intervention is being sought by multiple parties who are expressing concerns because the Alaska Division of Elections earlier this year tried to remove namesake challenger Dan J. Sullivan from the ballot, accusing him of being a sham candidate seeking only to confuse voters. The lawsuit filed last week, which President Donald Trump says he ordered, is based on the same allegations and cites arguments made by state election leaders who are politically aligned with Trump.
The state on Monday filed a response seeking dismissal of the case, arguing the federal government "lacks authority to intervene in state elections at all, much less in support of a favored candidate." In a separate filing, the state also noted it didn’t oppose other parties intervening to defend against the lawsuit.
"The Division does not oppose the intervention of Alaskans for Mary and the Democratic Senatorial Campaign Committee. It is well-established that candidates and their campaigns have sufficient interest in election litigation to support intervention," wrote Rachel Witty, director of the civil division for the Alaska Department of Law, referring to two of the parties seeking intervention.
Referencing another party, Witty noted "The Division disagrees with the League of Women Voters’ suggestion that the Division might not adequately represent the interests of Alaskan voters. Nonetheless, the Division takes no position on intervention by the League of Women Voters."
Judge Sharon Gleason, an appointee of President Barack Obama, ordered the U.S. Department of Justice to respond by 5 p.m. Tuesday to the motions by the Peltola campaign and Democratic campaign committee. In its filing, DOJ argues the state’s response to the lawsuit means "whatever ‘doubt’ Proposed Intervenors may have had as to whether the State Defendants would vigorously defend this action has now unquestionably been eliminated."
"Five days into this litigation, it is hard to imagine how Defendants could have more aggressively defended against the claim asserted. Thus, Proposed Intervenors are unable to show that Defendants do not adequately represent their interests. They are not entitled to intervene as a matter of right."
Gleason has stated she intends to issue a ruling by 5 p.m. Wednesday and, if she grants intervention, DOJ needs to file a response to motions to dismiss the case by 5 p.m. Thursday.
• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.
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