Cantwell, Colleagues Sound Alarm on Trump Administration Opening the Door to Midterm Election Interference

Cantwell, Colleagues Sound Alarm on Trump Administration Opening the Door to Midterm Election Interference

Senators call out DOJ's quiet removal of long-standing election prosecution manual ahead of 2026 midterms

WASHINGTON, D.C. - Yesterday, U.S. Senator Maria Cantwell (D-WA), ranking member of the Seante Committee on Commerce, Science, and Transportation and senior member of the Senate Finance Committee, joined Sens. Alex Padilla (D-CA), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), and 20 Senate colleagues in demanding answers over the Trump Administration's decision to remove the most recent version of the Federal Prosecution of Election Offenses manual from the Department of Justice's (DOJ) website without explanation.

In their letter to Acting Attorney General Todd Blanche - who President Donald Trump nominated yesterday to fill the position - the Senators highlighted the alarming actions taken by the Administration regarding election interference, emphasizing that the removal of the manual from the DOJ website further prompts questions of President Trump's election interference efforts. Of particular concern, the previous edition of the manual dating from 2017 stated that DOJ prosecutors should not seize voting materials until after an election had been certified. Earlier this year, the Trump Administration seized voting machines in Puerto Rico and ballots in Georgia as part of an attempt to investigate the 2020 election under false and long disproved conspiracy theories.

"The manual published by the Public Integrity Section of the Criminal Division has been easily publicly accessible on the Department's Election Crimes Branch website in both Democratic and Republican Administrations," wrote the Senators. "During President Trump's first term, the manual was accompanied by a memorandum describing the Department's longstanding election non-interference policy. While the manual underscores the importance of deterrence as the objective served by federal prosecutions of individuals who commit federal crimes in connection with an election, it also makes clear that 'this deterrence is achieved by public awareness of the Department's prosecutive interest in, and prosecution of, election fraud-not through interference with the process itself.'"

The Senators questioned Acting Attorney General Blanche on the Administration's motivations for removing the manual from the DOJ website and any efforts to restore it. They further requested clarification from the Administration to understand any outside influences or partisan political motives. The oversight letter asked whether revisions will be included and if Trump's allies will contribute to those revisions.

The removal of this DOJ guidance comes as the Administration has threatened election takeover efforts which will result in voter suppression across the country, especially in this year's midterm elections. The Senators further warned that the removal of the manual paves the way for politically motivated legal actions by the Trump Administration in advance of the midterm elections.

"While the Department's ongoing voter roll lawsuits are failing across the country, we are concerned that those efforts, which were calculated to compel states into inaccurately purging voters, may be the pretext for more meritless pre- and post-election challenges, including interfering with election certification," continued the Senators. "Similarly, unsubstantiated claims by DOJ leadership of 'tens of thousands noncitizens on voter rolls' are reckless, as time and again, those claims have been refuted by findings that many individuals are falsely identified as noncitizens, and the extremely rare appearance of noncitizen registrants on the voter rolls or the even more extremely rare cases of noncitizen voters are often due to bureaucratic errors or misunderstandings about eligibility, as opposed to intentional fraud."

In addition to Sens. Cantwell, Padilla, Durbin, and Whitehouse, the letter was signed by Senators Angela Alsobrooks (D-MD), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Chris Coons (D-DE), Mazie Hirono (D-HI), Tim Kaine (D-VA), Mark Kelly (D-AZ), Angus King (I-ME), Amy Klobuchar (D-MN), Ed Markey (D-MA), Jeff Merkley (D-OR), Jack Reed (D-RI), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Peter Welch (D-VT), and Ron Wyden (D-OR).

On April 29, Sen. Cantwell was tapped by Sen. Schumer to join a task force of senators fighting back against the Trump administration's illegal overreach into free and fair elections. "Free and fair elections are the cornerstone of our democracy, so I'm glad to join Senator Schumer's task force on elections to make sure that this year we fight in the United States of America to preserve that right," Sen. Cantwell said during a press gathering ahead of a meeting of the group.

On April 23, Senate Republicans failed to pass the SAVE America Act, a disastrous voter suppression bill that would disproportionately harm women who change their name upon marriage and rural voters - many of whom make up their own base.

Sen. Cantwell has been a stalwart defender against overreach of the Trump administration into our elections:

• On April 23, she joined colleagues in introducing the Absentee and Mail Voter Protection Act to block President Trump's illegal and unconstitutional March 31 executive order attacking mail and absentee ballots and protect the right to vote by mail.
• On April 22, she sent a letter to the United States Postal Service (USPS) warning the agency against complying with the executive order, which would undermine mail-in voting.
• On April 1, after the executive order on mail-in voting was announced, she issued a statement in opposition.
• On March 18, she convened a group of current and former elected officials and representatives of nonpartisan voter advocacy groups for a virtual press conference on defending voter access. Video of that entire virtual press conference is HERE; video of Sen. Cantwell's statement is HERE; and a transcript of Sen. Cantwell's statement is HERE.
• On March 15, she issued a snapshot report showing that the SAVE America Act - a voter suppression bill - would cost Washington state taxpayers more than $35 million this year alone.
• On Feb. 24, Sen. Cantwell invited Washington Secretary of State Steve Hobbs as her guest to President Trump's State of the Union address to draw attention to the issue.
• On Feb. 20, she convened local leaders in Seattle for a press conference urging Washingtonians to fight back against these proposed new burdens to voting.
• On Feb. 19, she gathered in Vancouver with the Clark County Auditor Greg Kimsey and local chapter heads of the League of Women Voters and the NAACP for a press conference on how this bill would disenfranchise voters.
• Also on Feb. 19, she released a snapshot report showing who in Washington would face undue hurdles to voting if the SAVE America Act were signed into law. The report shows that certain populations - including people who live in rural areas, women who changed their name after marriage, and people who recently moved - would face additional, cumbersome burdens to prove their citizenship.
• On Feb. 5, she appeared on MSNOW's Morning Joe to push back against the Trump administration's heightened efforts to interfere in state-run elections and collect private data on American voters. Video of Sen. Cantwell's appearance is HERE; a transcript is HERE.
• On Jan. 29, Sen. Cantwell joined Senate colleagues in a letter to then-Attorney General Pam Bondi, pushing DOJ to stop its unlawful pressure campaign to coerce dozens of states into providing the Trump Administration their voter rolls, which include voters' personally identifiable information. DOJ has sued 24 states - including Washington state - and the District of Columbia demanding the personal information of their voters.
• On Jan. 15, she joined Senate colleagues in a letter to USPS Postmaster General David Steiner raising concerns with recent developments affecting postmark practices. Right before the holiday season, USPS changed its postmark practices, which could have significant impacts on voters nationwide and in Washington state - including rural voters, military and overseas voters, and many others who rely on rely on the mail to safely and securely cast their ballot.
• On Jan. 9, she joined 13 Senate colleagues in filing an amicus brief before the Supreme Court in Watson v. Republican National Committee, a significant case pending before the Court that affects voting by mail. The case, brought by the Republican National Committee, threatens the election administration practices of states like Washington that permit the counting of mail ballots that are postmarked by Election Day to be counted when they are received within a certain number of days after Election Day. The Court heard oral arguments in the case in March and a ruling is pending, with a decision expected soon before the Court concludes its current term.

The full letter is available HERE and below:

Dear Acting Attorney General Blanche:

We write regarding the Department of Justice's (DOJ or Department) decision to remove the Federal Prosecution of Election Offenses manual, now in its eighth edition, from the Department's website without explanation.

In the context of other alarming actions taken by the Trump Administration's Department of Justice, including pursuing politically-motivated investigations at the direction of the White House; implementing drastic changes to the longstanding mission of the Civil Rights Division's Voting Section; suing 30 states for unrestricted access to their voter rolls; and making unprecedented demands for ballots, election equipment, and names of election workers, the removal of this manual continues to raise the alarm about DOJ's involvement in the upcoming midterm elections for partisan political purposes. We urge you to confirm the Department's adherence to the principles outlined in the manual and be transparent about what, if any, changes the Department is making to this longstanding policy to protect elections from political interference.

The manual published by the Public Integrity Section of the Criminal Division has been easily publicly accessible on the Department's Election Crimes Branch website in both Democratic and Republican Administrations. During President Trump's first term, the manual was accompanied by a memorandum describing the Department's longstanding election non-interference policy. While the manual underscores the importance of deterrence as the objective served by federal prosecutions of individuals who commit federal crimes in connection with an election, it also makes clear that "this deterrence is achieved by public awareness of the Department's prosecutive interest in, and prosecution of, election fraud-not through interference with the process itself." The Amundson Memo similarly provides clear directives reaffirming guidance provided under former Attorney General William Barr that prosecutors and investigators "may never select the timing of public statements (attributed or not), investigative steps, criminal charges, or any other action in any matter or case for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party."

The manual is also still cited in the Justice Manual, a critical reference guide for U.S. Attorneys and other DOJ prosecutors, which states:

Where a criminal or national security investigation during an election cycle is at issue, the Department must also be careful to adhere to longstanding policies regarding the timing of charges or taking overt investigative steps. See, e.g., U.S. Dept. of Justice, Federal Prosecution of Election Offenses 8-9, 84-85 (8th ed. 2017).

Recent reports have indicated that the number of attorneys in DOJ's Public Integrity Section has been reduced from 36 to two. In addition, in early April, former Republican congressman Dan Bishop was appointed as the Department's chief election fraud prosecutor with nationwide authority to pursue the President's debunked claims of widespread voting fraud. Around that same time, you hired 2020 election conspiracist Joe DiGenova as Counsel to pursue politically motivated prosecutions, who has in turn apparently hired Kurt Olsen, a former White House election czar previously sanctioned for misleading courts in election cases.

Following these developments, we need to better understand the extent to which the Department's investigations are being influenced by partisan political motives. Given Department leadership's public enthusiasm for working with Republicans in Congress on issues related to elections, including agreeing to demands that DOJ bring legal action to force states to redraw congressional lines, even after citizens in their states have already voted, we expect complete answers to the following straightforward questions:

(1) Why was the most recent edition of the Federal Prosecution of Election Offenses manual taken down? Will you commit to restoring it to the DOJ website?

(2) If withdrawn for revisions, what revisions are being contemplated? Who at the Department is leading that process? What is the estimated date of completion?

(3) Has any DOJ employee, political appointee, or contractor involved in revising the Federal Prosecution of Election Offenses manual met with, including in a "personal capacity," White House political staff, former White House political staff, Republican party officials, or outside organizations that work on election policy? If so, which ones, for which purposes?

(4) The Federal Prosecution of Election Offenses manual reaffirmed that "the federal prosecutor has no authority to send FBI Special Agents or Deputy U.S. Marshals to polling places," and that "Department and FBI policy requires that any investigative action that involves intrusion by federal investigators into the area immediately surrounding an open polling place be approved by the Criminal Division's Public Integrity Section." Will the Public Integrity Section still have a role in reviewing any potential deployment of the FBI or U.S. Marshals to areas immediately surrounding polling locations in the upcoming midterm elections? If not, who at the Department will have a role in reviewing such deployments and under what standards?

While the Department's ongoing voter roll lawsuits are failing across the country, we are concerned that those efforts, which were calculated to compel states into inaccurately purging voters, may be the pretext for more meritless pre- and post-election challenges, including interfering with election certification. Similarly, unsubstantiated claims by DOJ leadership of "tens of thousands" noncitizens on voter rolls" are reckless, as time and again, those claims have been refuted by findings that many individuals are falsely identified as noncitizens, and the extremely rare appearance of noncitizen registrants on the voter rolls or the even more extremely rare cases of noncitizen voters are often due to bureaucratic errors or misunderstandings about eligibility, as opposed to intentional fraud.

To be clear, any attempts by DOJ to file lawsuits to stop eligible voters from voting, their votes from being counted, or elections from being certified, will fail, but any attempts are still corrosive to public trust and confidence in our election administration and invite threats against nonpartisan election workers.

Against this backdrop, the absence of guidance from the Public Integrity Section on election noninterference appears to clear the way for politically-motivated legal actions by DOJ itself in the lead-up to and aftermath of the midterm elections. Accordingly, we request that you immediately confirm the Department's adherence to longstanding, bipartisan policy of noninterference and comply with this request no later than June 22, 2026.

Sincerely,