“How Trump’s justice department is shattering practice of political neutrality as midterms loom”
What actually happened
The Guardian catalogued a string of DOJ actions in the run-up to the 2026 midterms: a raid on Rep. Ilhan Omar's DC home tied to an immigration-fraud probe, publicized noncitizen voter-fraud arrests, Attorney General Todd Blanche campaigning for Republican candidates, an FBI video criticizing Senate candidate Abdul El-Sayed, and a 48-hour ultimatum (then lawsuit) demanding California purge 20,000 voters from its rolls. The DOJ disputes none of the underlying facts but says no rule formally bars such activity near an election.
Key facts
- DOJ gave California election officials 48 hours to investigate the citizenship of 20,000 people, then sued the state when it refused to comply.
- The justice department manual says prosecutors should not take "any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election," and bars overt ballot-fraud investigations until after results are certified.
- An unwritten department practice has established a blackout window of at least 60 days before an election in which prosecutors should refrain from any activities that could influence the election.
- In September 2024, Todd Blanche, then Trump's personal attorney, invoked that same 60-day rule to argue special counsel Jack Smith should not file a damaging brief; Blanche now leads the DOJ and the rule "seems to have gone out the window."
- The DOJ official said the 60-day rule was only an informal practice, not a binding one.
- Federal law prohibits election officials from systematically purging voters within 90 days of a federal election, yet the DOJ pushed its California demand inside that window.
- Noncitizen voting is extremely rare, and court documents in many of the DOJ's charged cases contain little detail on whether defendants knew they were ineligible.
What to watch for
Watch whether the California lawsuit produces a court ruling before ballots are counted, since a judge's reading of the 90-day purge rule would be the clearest test of whether DOJ's actions cross a legal line rather than just a normative one. Also watch if other outlets surface any DOJ justification for the Omar raid's timing beyond the immigration-fraud probe cited here, which would balance the current one-sided sourcing.
