Former FEC Commissioner Hans von Spakovsky Says Jack Smith's Trump Indictment Is the Precedent for the Justice Department's Alaska 'Decoy Dan' Probe

A conservative election-law expert argues the Biden-era prosecution of Donald Trump gave the Justice Department its template for the Alaska investigation, Fox News Digital reports.

The investigation. Alaska U.S. Attorney Michael Heyman announced Friday, alongside FBI officials and Alaska State Troopers, that the department is examining whether Daniel J. Sullivan, a retired teacher on the ballot with no party label, colluded with Democratic operatives tied to Mary Peltola's campaign. Justice Department sources told Fox on Thursday that more than 30 subpoenas had gone out in 24 hours. Heyman named no charges and said, "I'm not making any assumptions on whether a crime has been committed or not." The department's Oct. 22 lawsuit over certification was amended Friday to include the New York Times reporting on the alleged recruitment.

The precedent argument. Hans von Spakovsky, a former Federal Election Commission member and senior legal fellow at Advancing American Freedom, said critics who call it a weak case should read special counsel Jack Smith's indictment of Trump, which alleged a conspiracy to defraud voters. He said prosecutors could try the same statutes, conspiracy to defraud the United States and conspiracy against rights, if they find operatives knowingly recruited Sullivan to confuse voters.

The limits he drew. Von Spakovsky called recruiting a same-name candidate a "dirty trick" but said recruitment alone is not necessarily a crime. The analysis changes, he said, if operatives were paid to recruit him and then provided services to run his campaign. Help beyond volunteering counts as an in-kind contribution that must be reported, so unreported help could be a separate campaign-finance violation.

The pushback. Aubrey Wieber of the progressive 907 Initiative told Alaska Public Media the announcement "on the eve of the election" looked like an effort to "put their thumb on the scale." Omar Noureldin of Common Cause said the Alaska Supreme Court settled the name question in June and that the department "has no role in state election law." Fox notes the court rejected a push to disqualify Sullivan from the ballot.

Note for readers: von Spakovsky is describing what prosecutors could try, not what they have decided, and the Peltola campaign denies involvement. Fox did not quote a response from the DSCC. Our earlier Alaska stories are on the site.