We are six days away from the midterms, and Donald Trump’s unprecedented attacks on free and fair elections are continuing to escalate. Many of you have asked what to watch for and what to expect next.
A colleague of mine once coined the phrase “shark closest to the boat” to help focus on the most immediate threats. It doesn’t mean it is the only concern, but it is the most immediate.
Here is my guide to the sharks closest to the boat carrying our democracy in these troubled waters:
1. The Department of Justice’s lawsuit over ballot counting
The Department of Justice’s lawsuit blocking ballot counting in California is the shark closest to the boat. This is the shark from “Jaws,” and it threatens to sink our democracy if we don’t call up Captain Quint.
And yes, we’re going to need a bigger boat. Especially because the DOJ has already spread this playbook to Washington State, where the DOJ demanded that the state set aside ballots from more than 400 voters it claims are noncitizens. No matter where you live, your vote is not safe.
I am certainly concerned about this shark. My legal team is already running from the beaches into the water to fight back.
U.S. District Judge David Carter is expected to issue a ruling today. The DOJ will likely lose. But that will not be the end of this shark. The department will take this case to the Supreme Court, where I am certain this shark will meet its end.
2. The DOJ’s lawsuit to block Alaska from certifying the Democratic Senate candidate
This is a frivolous case, but be warned: The shark is still circling the boat.
As a reminder, Trump’s DOJ is suing to block certification of the Senate election if Democrat Mary Peltola wins. The DOJ’s argument is baseless and weak. This case never should have been filed in the first place.
But that doesn’t mean we should rest easy. Trump is invested in this case because he is determined to steal the Senate. He claims that he’s the one who gave the go-ahead for the DOJ to file.
My law firm has moved to intervene on behalf of Peltola’s campaign and the DSCC. The DOJ must respond to the motion to dismiss by tomorrow. I expect we will see the last of this shark soon enough.
3. DOJ threats to state election officials for following state laws
The DOJ has been threatening state election officials who are simply doing their jobs. They warned election officials they could face criminal prosecution over noncitizen voting, and as we get closer to the election, those threats are only ramping up.
On behalf of the DSCC, DCCC, DGA and Nevada Democratic Party, as well as Sen. Schumer and Rep. Jeffries, my law firm sued to stop these threats. Trump and the DOJ are clearly using intimidation to dictate who can vote and how elections are run. We will not let them win.
This is a pretty big shark that should unsettle all of us. Right now, this shark is a little further off the coastline, but it’s moving fast and picking up speed. We need to keep an eye out.
4. Red states colluding with the DOJ and Trump
There is a shark keeping a low profile on the ocean floor. That shark is red state officials colluding with the DOJ and Trump to subvert the election results in their states.
In some states, that looks like willingly handing over voter data. In others, it’s delaying mail ballots. As early voting starts, that could be welcoming federal agents at polling locations.
While this shark hides from view of the public, we need to be aware of it and keep our eyes peeled. It could make the difference between a Democratic or Republican victory.
5. Ballot seizures
This is the great white shark haunting our elections. We have not seen it yet, but the sea shanties worry us. This is the shark we fear the most.
If ballot seizures happen, it will be in the days following the election. The Tina Peters of the world — MAGA election clerks colluding with Trump — will mobilize and cause mayhem at the local level. Republican governors like Ron DeSantis and Greg Abbott will likely not stop them.
I worry because our attention will be divided. We will be fighting a lot of battles on a lot of different fronts. The sharks will attack before we see them.
But that does not mean we are not ready to fight back.
When the sharks attacked in 2020, I won 64 out of 65 cases. And we will win again.
The sharks may be circling, but they are no match for us.