I’ve been saying it for months: If you want to know how Donald Trump will try to steal the midterm elections, pay attention to his attempts to gain access to state voter files.

It started last year with demand letters to states like Washington and Pennsylvania. Then it spread across the country. Every day that passes, the Department of Justice becomes more desperate to obtain these records. They want the names, addresses and Social Security numbers, as well as the voting history and party registration for every single American voter. 

My job is to stop them. As the DOJ started suing states to get this data, my law firm jumped in to stand in their way. So far, we are undefeated — we have won five cases, and the DOJ has lost five. 

Even as their losses mount, they have devised new arguments and schemes to get the data Donald Trump needs to try to rig the midterms. And now, new reporting shows it is even worse than initially thought.

New emails reveal that the DOJ has been planning to share sensitive voter information with the Department of Homeland Security from the get-go. Back in June, Michael Gates, then-Deputy Assistant Attorney General of the Civil Rights Division, emailed Assistant Attorney General Harmeet Dhillon asking for her help in getting access to the SAVE database — an infamously inaccurate system that is being used to check citizenship status.

Gates’ email makes clear that the nefarious motivation behind the voter roll grab has been lurking in the background since Day One. This was never about accurate voter rolls. It has always been about manufacturing excuses to kick people off the voter rolls — and maybe even kick them out of the country.

This is not about complying with voting laws. It never was. It is about controlling who gets to vote — plain and simple. 

What worried me this week

As Democrats try to prepare for Trump and the DOJ to interfere in elections this November, Republican state officials are blocking their efforts. 

Most recently, the GOP-controlled North Carolina election board voted against a Democratic proposal that would give local officials guidance on what to do in case of ballot seizures or federal agents at polling places. Ask yourself: Why would a state not want to be prepared for an assault on its sovereignty and elections?

We have already seen federal agents seize election materials in Fulton County, Georgia, and issue a subpoena for them in Maricopa County, Arizona. And acting Attorney General Todd Blanche endorsed sending ICE to the polls. Meanwhile, Republican officials have long proven they will follow the Trump administration’s lead, from implementing their own versions of the SAVE Act to handing over sensitive voter data. When November rolls around, I worry that GOP state officials will welcome ballot seizures and federal agents with open arms. 

We must not waste this time or be unprepared. Now is the time to get ready for the fights ahead. I am worried but determined to prevent the GOP from undermining free and fair elections. 

What I’m watching in the courts

What gave me hope this week

Despite Republican litigation, I am still celebrating Tuesday’s victory. Virginians came out in droves to fight against Trump’s plan to rig the midterm elections for Republicans. It’s a good sign of things to come and keeps the momentum going forward toward the November elections. 

When Trump launched his gerrymandering scheme, he didn’t expect Democrats to fight back. And he certainly didn’t expect Democrats to win. Inside the GOP, officials are pointing fingers and fighting amongst themselves — grappling with the loss. 

And they have a lot of losses to grapple with. Since November 2024, Democrats have overperformed in 253 of 283 key elections. We have the wind at our backs, but we have to keep fighting.