The facts
On Monday, the Trump administration's Justice Department filed its response to a Democratic National Committee lawsuit seeking records about any plans to seize or inspect ballots, voting machines, or other election materials during the 2026 midterms.
The 13-page answer did not deny that the administration has considered such plans, did not identify whether any responsive records exist, and did not offer a timeline for producing them. What it did do was deny that the department violated federal open records law, and argue that the DNC's warnings about the risks of federal agents seizing ballots before results are certified should be struck from the complaint as "immaterial and impertinent."
The DOJ acknowledged that the FBI received the DNC's Freedom of Information Act request in February and denied it in March as not specific enough. The DNC appealed in April. As of the filing, the FBI had neither communicated further about the appeal nor released a single record. The department's Criminal Division, Civil Rights Division, and Office of Information Policy managed only acknowledgment letters.
The DNC's requests followed a January raid in which federal agents seized archived 2020 ballots from an election hub in Fulton County, Georgia. The Justice Department also tried to delay its court reply by a month, which would have pushed the fight to late October, just before the election, but U.S. District Judge Colleen Kollar-Kotelly refused.
Earlier this year, the DNC similarly sued the Trump administration for records regarding plans to send federal agents to polling locations, drop boxes, and election offices. Among the revelations in records produced so far is a Department of Homeland Security "checklist" for law enforcement on "voter integrity."
Our take
Thirteen fucking pages of Justice Department horseshit and not one single denial that they're plotting to snatch ballots and voting machines before the 2026 midterms get certified. The DNC filed a straight FOIA lawsuit asking for the records and the DOJ answered by refusing to say whether the records exist, refusing to hand over anything, and demanding the court erase the complaint's warning that federal agents grabbing ballots early would be a disaster.
That is the legal equivalent of a guy caught with his hand in the cookie jar yelling that the cookie jar is immaterial and impertinent. They already raided Fulton County and walked out with 2020 ballots. Now they want the court to pretend the DNC is just being dramatic for mentioning it.
The FBI got the original request in February, called it not specific enough in March, then went radio silent after the April appeal. No records. No updates. Just acknowledgment letters from the Criminal Division, Civil Rights Division and Office of Information Policy, like a bunch of useless receptionists proud they can stamp "received." The whole department tried to drag its reply out until late October so the fight would land right before the election, but the judge told them to fuck off and answer now.
Earlier lawsuits already turned up a DHS checklist for law enforcement on voter integrity. That is not a reassuring document when the same people won't even confirm they aren't planning another ballot heist.
A department with nothing to hide would have written four words: we have no such plans. Instead they burned thirteen pages pretending the danger of seizing ballots is some kind of rude aside that needs to be struck. The only thing immaterial here is the DOJ's claim that it still gives a shit about open records law.
