Marc Elias and Firm Named in DOJ Probe of Alaska Senate “Decoy” Candidate

Attorney Marc Elias and the Elias Law Group have been identified among those who received target or records-preservation letters from the Department of Justice in connection with a criminal investigation into the Alaska U.S. Senate race. The probe examines whether Democratic operatives and campaign officials recruited an independent candidate with a name nearly identical to the Republican incumbent in an effort to affect the outcome.

The investigation centers on Daniel J. Sullivan, a retired teacher who appeared on the ballot alongside incumbent Republican Sen. Dan S. Sullivan and Democratic nominee Mary Peltola. A pre-election New York Times report described internal communications in which Peltola campaign officials and aides connected to the Democratic Senatorial Campaign Committee worked with a Democratic operative, Jerid Kurtz, to identify and recruit a candidate named Sullivan. The effort was referred to internally as a “ballot composition project.” The Times reported that Kurtz located the independent candidate, who stated he disliked President Trump and was willing to run if it helped Peltola.

The Elias Law Group represents both Peltola’s principal campaign committee, Alaskans for Mary, and the DSCC. Federal Election Commission records show the firm received approximately $117,000 from the Peltola campaign in 2026. One of the firm’s attorneys, Jacquelyn Lopez, was named in the Times reporting as having been in contact with the operative involved in the recruitment effort. Lopez also received a records-preservation letter from Sen. Ron Johnson, R-Wis., chairman of the Senate Permanent Subcommittee on Investigations.

On Election Day, the Justice Department notified roughly 20 individuals and entities that they may be investigative targets or that they must preserve records. Elias confirmed that senior members of his firm received such letters. In a statement, he described the inquiry as a “sham investigation” and said his firm represents clients who oppose the current administration. Target letters indicate that prosecutors view the recipient as a potential defendant; they do not require that charges be filed.

U.S. Attorney Michael Heyman in Alaska has publicly confirmed the existence of the investigation, which is being conducted with the FBI and prosecutors from the Justice Department’s Civil Rights Division. More than 100 subpoenas have been issued, according to reporting by multiple outlets. The FBI has interviewed at least one former Alaska state legislator who said he met with Kurtz earlier in the year. A separate referral submitted to federal prosecutors by the American Accountability Foundation alleged possible coordination involving a PAC linked to Senate Majority Leader Chuck Schumer’s political operation; that organization has denied contact with the independent candidate.

Peltola’s campaign and the DSCC have denied any involvement in Daniel J. Sullivan’s candidacy. A former Peltola campaign manager who spoke to the Times later asked the newspaper to retract her statements; the paper declined, stating the statements were consistent with its other reporting.

Recruiting a candidate with a similar name is not, by itself, a violation of federal law. Legal analysts have noted that potential exposure could arise from false statements on campaign filings, coordination rules under federal election law, or other statutes such as conspiracy to deprive voters of constitutional rights. George Washington University law professor Jonathan Turley has stated that lawyers involved in the described communications may become fact witnesses or potential subjects and should consider whether continued representation creates conflicts.

Elias previously served as general counsel to Hillary Clinton’s 2016 presidential campaign. In that role he retained Fusion GPS, which paid former British intelligence officer Christopher Steele to produce the dossier containing allegations of Trump-Russia ties. The FBI later determined it could not corroborate the dossier’s substantive claims. In 2022 the Federal Election Commission fined the Clinton campaign and the Democratic National Committee for misreporting the payments; the FEC dismissed related allegations against Elias personally.

The Alaska Senate race remained too close to call in the days after Election Day as officials continued counting ballots under the state’s ranked-choice voting system. The Justice Department has not announced any charges. The investigation remains ongoing.