WASHINGTON — The Democratic National Committee Tuesday filed a lawsuit in federal court aiming to force the Trump administration to admit if it plans to send armed federal law enforcement or U.S. troops to polling locations in the upcoming midterm elections. 

The suit in the U.S. District Court for the District of Columbia charges that 11 Freedom of Information Act, or FOIA, requests submitted to the Department of Justice, Department of Homeland Security and the Department of Defense by the DNC in October have gone unanswered, a violation of public records law. 

“To ensure that the American people obtain timely knowledge of potential threats to free and fair elections and to enable the DNC to take appropriate action to ensure voting rights are protected, the DNC now seeks this Court’s aid to enforce FOIA requirements,” according to the suit. 

The suit was assigned to federal Judge Beryl A. Howell, who was appointed by former President Barack Obama.

Voting machines

The suit details how the FOIA requests were filed after comments from President Donald Trump to the New York Times that he regretted not using the U.S. military to seize voting machines after he lost the 2020 presidential election. 

“These and many other actions have raised serious concerns among voters across the country that the President will order armed federal agents or troops to polling places, drop boxes, and election offices, … and will send FBI agents or Justice Department officials to interfere with the orderly administration and certification of elections,” according to the complaint.

The suit also cites comments from White House press secretary Karoline Leavitt that she “couldn’t guarantee” that federal law enforcement officers would not be at polling locations this November. 

“Donald Trump wants to bully and cheat his way through a midterm election that he knows Republicans will lose, but we won’t let him,” DNC Chair Ken Martin said in a statement. “The DNC will stand on the side of voters and use every tool in our arsenal to stop voter suppression and intimidation before it can even begin.”

Are there records?

It’s also possible that no records exist.

Congressional Democrats have pressed Trump officials during hearings on plans to send agents from U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to polling locations. 

Both heads of those agencies, ICE acting director Todd Lyons and CBP Commissioner Rodney Scott, said there were no plans to send any of their agents or officers to polling locations. 

Homeland Security Secretary Kristi Noem, who is leaving her post at the end of month and being replaced by Oklahoma GOP Sen. Markwayne Mullin, was also pressed by Democrats. 

She said there were no plans for ICE agents, but also asked Democrats if they plan for noncitizens to vote in federal elections, something that is already illegal and rarely occurs. 

But during the hearing, Noem would not commit to issuing a directive barring immigration agents from polling locations.