Former White House Counsel Warns Trump Will Meddle in Midterms Beyond Election Day

Key points

• Ty Cobb, who served as special White House counsel during Trump's first term, stated on NBC News that the administration will likely continue efforts to interfere with elections beyond November 3.
• The Justice Department filed a lawsuit to block the certification of the Alaska Senate race if Republican incumbent Dan Sullivan loses to Democrat Mary Peltola, citing confusion from a second candidate with the same name.
• U.S. District Judge David Carter rejected the federal government's attempt to block California from counting mail-in ballots from 20,000 voters, condemning the move as an attempt to coerce state governments.
• The administration also demanded Washington state set aside 400 ballots from alleged noncitizens, a move state officials called dubious and intended to cast suspicion on results.
• Cobb described the legal challenges as an effort to sow chaos and confusion, potentially deterring enthusiastic Democratic voters from participating in the election.

Background

This escalation follows months of federal litigation against state election procedures. In October, the DOJ challenged voter rolls in multiple states, while the FBI retained seized election materials from Georgia. Earlier in the year, the administration faced legal defeats regarding executive orders on mail-in ballots and voter data access. These actions contrast with the 2025 off-year elections in states like New Jersey and Virginia, which proceeded without major federal interference.

How outlets are covering it

The Daily Beast highlights Ty Cobb's prediction that the administration will continue meddling post-election, framing the Alaska lawsuit as a chaotic tactic. AP News notes that while the legal arguments are weak, the actions signal a shift from rhetoric to action, with the DOJ claiming it is not trying to take over state elections. HuffPost emphasizes the intimidation aspect, citing incidents of ICE agents near polling places and the deployment of federal monitors, arguing that the goal is to create doubt and suppress turnout. Time Magazine details the logistical preparations by state officials to counter potential federal seizure of ballots and interference with mail-in votes, noting that courts have consistently rejected federal overreach in recent cases.

Why it matters

The unprecedented federal litigation against state election certification and ballot counting tests the constitutional boundaries of presidential power. If successful, these moves could alter the outcome of the Senate race in Alaska and potentially other states, directly impacting congressional control. The broader strategy aims to undermine public confidence in the integrity of the 2026 midterms, potentially suppressing voter turnout among Democratic-leaning demographics.

What to watch

The Justice Department is expected to file additional legal challenges in other states. Courts will likely rule on the pending Alaska certification lawsuit and other federal demands before or shortly after the November 3 election. State election officials are preparing legal responses to any attempts to seize ballots or disrupt mail-in vote counting in the days following the election.