Judges’ Statement on Possible Seizure of Ballots and other Election Materials

In January 2026, President Trump told the New York Times that “he regretted not ordering the National Guard to seize voting machines in swing states…” — raising serious questions if the president and DOJ were to pursue such tactics during the 2026 midterm elections. 

In the attached, retired federal judges consider the unprecedented scenario of the Justice Department issuing warrants for the seizure of voting machines or ballots while the election is ongoing and before results are certified.