Category Archives: Department of Justice

Federal Government Files Supreme Court Brief in NRSC Case Arguing That an Aspect of Federal Campaign Finance Law Violates the First Amendment

August 21, 2025, 1:53 pmcampaign finance, Department of Justice, federal election commission, Supreme CourtRick Hasen

You can find the government’s brief on the merits here. You can find the brief of the Republican Party making similar arguments here. Because the government has taken the unusual position in attacking the constitutionality of a law… Continue reading

DOJ increases pressure to vacuum up voter files

August 18, 2025, 7:43 amDepartment of Justice, election administration, voter registrationJustin Levitt

A month ago, I noted that the DOJ’s Civil Rights Division had sent demands to a bunch of states for copies of the voter files. These letters were pretty unusual. I didn’t think DOJ’s ostensible rationale for demanding the files… Continue reading

“Voting Rights and Private Rights of Action: An Empirical Study of Litigation Under Section 2 of the Voting Rights Act, 1982-2024”

August 12, 2025, 7:36 amDepartment of Justice, Supreme Court, Voting Rights ActRick Hasen

Chris Seaman has posted this draft on SSRN (forthcoming, FSU Law Review). Here is the abstract: The Voting Rights Act is perhaps the most effective civil rights law ever enacted, bringing millions of Americans who have historically been discriminated against… Continue reading

“Former Trump prosecutor Jack Smith faces investigation by Office of Special Counsel”

August 2, 2025, 1:11 pmauthoritarian threats in US, chicanery, Department of JusticeRick Hasen

WaPo: The U.S. Office of special counsel said Saturday it is investigating Jack Smith, the former Justice Department official who oversaw two federal prosecutions of Donald Trump, for potentially violating the law barring federal officials from political activity. The… Continue reading

“DOJ Is Said to Plan to Contact All 50 States on Voting Systems”

July 29, 2025, 1:46 pmchicanery, Department of Justice, election administrationRick Hasen

Democracy Docket: The U.S. Department of Justice (DOJ) has said it intends to contact all 50 states about their compliance with federal voting law, a national association of state election officials told Democracy Docket. “As states recently began to receive… Continue reading

“Justice department asked California to give info on non-citizens on voter rolls”

July 29, 2025, 9:14 amchicanery, Department of Justice, election administrationRick Hasen

The Guardian: The Department of Justice has asked several large California counties to provide detailed personal information of non-citizens who got on to the state voter rolls, an unusual request that comes as the Trump administration has asked about a … Continue reading

“Minnesota rejects DOJ demand for state’s voter rolls”

July 26, 2025, 9:05 amDepartment of Justice, voter registrationDan Tokaji

Minnesota Star Tribune: The Justice Department asked Minnesota election officials in June for voter rolls and other information to show proof of compliance with federal election law. Similar requests were made to other states, including Colorado, Wisconsin and… Continue reading

“Fired prosecutor who handled Capitol riot cases sues government”

July 25, 2025, 10:21 amauthoritarian threats in US, Department of Justice, election subversion riskDan Tokaji

Washington Post: A prosecutor who handled some of the most high-profile cases against Jan. 6, 2021 rioters is suing the government over his dismissal last month, arguing that the decision was politically motivated. Former assistant U.S. attorney Michael Gordon… Continue reading

Toobin: “The Line Trump Crossed by Accusing Obama of Treason”

July 25, 2025, 5:27 amDepartment of Justice, Supreme CourtDan Tokaji

Jeffrey Toobin in NYT on President Trump’s assertion that former President Obama engaged in “treason” in connection with the investigation into Russian efforts to influence the 2016 election: President Trump’s history of intemperate remarks has earned him a perverse kind… Continue reading

“Michigan becomes latest target of Justice Department inquiry on voter roll maintenance”

July 24, 2025, 5:07 amDepartment of Justice, voter registrationDan Tokaji

Votebeat: The U.S. Justice Department is asking Michigan for a copy of its voter rolls and information about how the state maintains them, as well as a series of questions about its high levels of voter registration. In its … Continue reading

“Trump Admin Defying Court By Stonewalling on Anti-Voting Order, Plaintiffs Say”

July 22, 2025, 4:59 amabsentee ballots, Department of Justice, Election Assistance Commission, voter registrationDan Tokaji

Democracy Docket: The Trump administration is defying a court order by refusing to say how federal agencies may be implementing President Donald Trump’s sweeping anti-voting executive order, pro-voting groups and Democrats alleged in a filing Friday. Among the order’s… Continue reading

“Jim Jordan subpoenas DOJ prosecutor who helped investigate Donald Trump”

July 22, 2025, 4:43 amDepartment of Justice, election subversion riskDan Tokaji

Politico: “The Ohio Republican sent the subpoena to Thomas Windom, former senior assistant special counsel who worked under then-special counsel Jack Smith. Then-Attorney General Merrick Garland had appointed Smith to lead the Justice Department’s cases around Trump’s retention of… Continue reading

“Trump officials accused of defying 1 in 3 judges who ruled against him”

July 21, 2025, 4:22 amauthoritarian threats in US, Department of JusticeDan Tokaji

Washington Post: President Donald Trump and his appointees have been accused of flouting courts in a third of the more than 160 lawsuits against the administration in which a judge has issued a substantive ruling, a Washington Post analysis… Continue reading

“Trump’s DOJ has fired dozens of prosecutors, upending decades-old norm”

July 19, 2025, 7:18 amauthoritarian threats in US, Department of Justice, election subversion riskDan Tokaji

WaPo reports: The Department of Justice under the Trump administration has fired dozens of career prosecutors during the past six months, making the dismissal of federal attorneys — generally a move reserved for cases of misconduct — almost commonplace.… Continue reading