A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
The Retribution: Election Interference Edition
The Trump DOJ’s unprecedented moves to stop ballot-counting and election certification are its most direct interference in the midterms — but it’s also bootstrapping in its long-running scheme of retribution against Trump foes in service of partisan campaign narratives while voting is underway.
By timing prosecutions and overt investigative steps to maximize their pre-election impact, the Trump DOJ is not merely ignoring long-standing department policy about avoiding the public impression of election meddling. It’s actively abusing the powers of the federal government by using federal law enforcement for partisan ends. It’s happening broadly under the auspices of DOJ, but Department of Homeland Security law enforcement components are also involved.
I had intended to write about this dynamic this morning anyway, and then the NYT and WaPo each published versions of the same story. I’d recommend both of them. Here are the recent cases most directly tied to complementing and reinforcing Trump campaign rhetoric while voting is underway:
- Cassidy Hutchinson: The Trump DOJ tried to indict the star witness of the Jan. 6 Committee yesterday — exactly one week before Election Day — but was rebuffed by a D.C. grand jury.
- 2 FBI agents in Hunter Biden case: The first inkling of the no-true bill in the Hutchinson case came during a raucous hearing on concerns about a highly politicized and problematic new prosecution of two FBI agents involved in the Hunter Biden investigation. The flimsy case was thrown together on orders from FBI Director Kash Patel and was perceived inside the bureau as a political “witch hunt,” a key FBI witness testified yesterday. The case was first charged on Friday.
- James Comey: The Oct. 5 timing of Trump II’s third criminal case against former FBI Director James Comey — which was unsealed this week at Comey’s request — seems to have been driven at least by an expiring statute of limitations, not solely the election. But they’re not mutually exclusive, of course. Like in the case against the FBI agents above, DOJ proceeded to file charges against Comey without a grand jury indictment.
- Rep. Ilhan Omar (D): The Oct. 12 HSI raid on the private D.C. residence of a sitting Democratic member of Congress, who also is a Black woman of Somali heritage, managed to be brazen retribution and to mirror President Trump’s persistent racist targeting of Black women and Somali Americans.
- Virginia state Sen. L. Louise Lucas (D): On Oct. 14, the Trump DOJ indicted the President pro tempore of the Virginia Senate on allegations that her family set up an illegal marijuana business. Attorney General Todd Blanche and Patel held a press conference announcing the indictment.
- Eric Swalwell associate: The FBI yesterday raided the Beverly Hill mansion of billionaire and former Democratic donor Stephen Cloobeck, reportedly a close associate of former Rep. Eric Swalwell. The NYT reports that the raid came as part of an ongoing investigation into sexual misconduct allegations.
The key is timing. Even where there might arguably be properly predicated investigations and prosecutions, the decision to proceed in high profile public ways before the election is a choice — notwithstanding Blanche’s feeble protests to the contrary.
Chart of the Day
A great visualization from the WaPo of the abuse of federal law enforcement in service of GOP election rhetoric around the Big Lie of rampant noncitizen voting:
Awaiting Ruling in CA Election Case …
As I reported late yesterday, U.S. District Judge David O. Carter of Los Angeles said he will rule today on the Trump DOJ’s request for a TRO to segregate and not yet count ballots from a list of some 20,000 alleged noncitizen voters.
During a 3 1/2-hour hearing on the TRO, Judge Carter appeared likely to kick the core of the case past Election Day, thereby thwarting the Trump DOJ and minimizing the worst impacts of its effort to interfere in the election.
Bill Essayli Disqualified AGAIN
For the second time, a federal judge has found that Bill Essayli is unlawfully serving as the top federal prosecutor in Los Angeles. Essayli was slotted into the role as part of the broader Trump scheme to install loyalists as federal prosecutors in blue states, bypassing the Senate and defying federal law.
Essayli was previously disqualified by U.S. District Judge J. Michael Seabright of Hawaii from handling certain criminal cases as acting U.S. attorney because he overstayed his term in that role. Essayli was allowed to stay on as first assistant U.S. attorney and assumed all the duties of a regular U.S. attorney.
But subsequent appeals court decisions in others cases have more thoroughly blocked the workaround that President Trump and the DOJ used to install Essayli, so in a new ruling Judge Seabright tightened his previous decision even more. The most immediate impact will be to keep Essayli from managing or overseeing attorneys in the specific criminal cases where his appointment was challenged. Seabright gave Essayli a chance to appeal before the ruling goes into effect.
Ironically, Essayli personally argued the administration’s side in the California election case on the same day Seabright found him to be unlawfully serving.
The Ongoing Coverup of the Alex Pretti Killing
As Morning Memo first reported two weeks ago, despite what publicly looked like a breakthrough in July, the Trump administration has continued to stonewall Minnesota authorities trying to investigate the three ICE shootings during Operation Metro Surge.
Yesterday, the parents of Alex Pretti, one of the two U.S. citizens killed by ICE in January, held a press conference deploring the Trump DOJ’s conduct since the shooting of their son.
“Our son was murdered. We all saw it. And the lack of cooperation is baffling, it’s disappointing and reprehensible,” his father said.
ICYMI
Garrett Graff: ICE’s Reign of Terror
A Confounding Read: DOGE Edition
Wired: A 28-Year-Old DOGE Operative Gutted USAID. HR Had No Record of Him Working There
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FRIST!
It’s getting interesting in Texas:
A judge has sided with state Rep. Gina Hinojosa after the Democratic gubernatorial candidate sued last week for access to unredacted versions of emails between Gov. Greg Abbott’s office and billionaire business owner Elon Musk.
My inbox today.
This is a message from the California Secretary of State on behalf of San Diego Registrar of Voters. Your ballot for the November 3, 2026, General Election was received and will be counted. Thank you for voting!