It seems that the Department of Justice’s “run of relentless ineptitude” is starting to come to an end, according to one expert.
Harry Litman, a former federal prosecutor, argued in a new essay for his Substack, “Talking Feds,” that the Trump administration’s attempts to use the courts to thwart the 2026 midterm elections have largely failed. He pointed to the 31 unsuccessful attempts to get state voter rolls, the DOJ’s attempt to seize control of California’s elections, and repeated unsuccessful attempts to prosecute people for illegally voting.
“That is quite a run of relentless ineptitude: sue for the voter rolls; lose. Wave around a list of 190,000; shrink it to 20,000; demand action in 48 hours; leapfrog the judge; lose again; charge 28; subpoena the counters; get shut down. All in about three weeks,” Litman argued.
“So, round one to the good guys. And round one is all but over: it’s now too late for the administration to rewrite the rules of this election—who gets a ballot, whose ballot gets set aside, who stays on the rolls,” Litman wrote. “The lone holdout is California, where DOJ says it will probably go to the Supreme Court before Tuesday, asking the Justices to do on the eve of an election what every court below has refused to do.”
“Of course some of these rulings, Thompson’s nationwide reach among them, could be trimmed or reversed on appeal. But that’s for later,” he added. “Going into Tuesday, DOJ hasn’t laid a real glove on the democracy.”
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