![[Marc Elias.png]] ## Marc Elias Opposition Research Report ## Executive Summary Marc Erik Elias stands as one of the most influential and controversial Democratic election lawyers in American politics, wielding extraordinary power over voting rights litigation and election procedures nationwide. Born February 1, 1969, Elias has arguably done ["more than any single person outside government to shape the Democratic Party and the rules under which all campaigns and elections in the United States are conducted,"](https://en.wikipedia.org/wiki/Marc_Elias) according to The New York Times. This comprehensive analysis reveals a figure whose career spans from legitimate Democratic advocacy to potential criminal liability, centered around his pivotal role in the Russia collusion narrative that dominated American politics from 2016-2020. As general counsel for [[Hillary Clinton]]'s 2016 campaign and head of Perkins Coie's political law practice, Elias orchestrated the hiring of [[Fusion GPS]] and the creation of the infamous Steele dossier while allegedly concealing his clients' involvement from [federal investigators](https://en.wikipedia.org/wiki/Steele_dossier). **Key Vulnerabilities:** - **Criminal Exposure**: Potential liability for lying to federal investigators, obstruction of justice, and conspiracy charges related to his role in the Trump-Russia investigation - **Professional Sanctions**: Already [sanctioned by the Fifth Circuit Court of Appeals](https://www.vox.com/2017/10/24/16539676/trump-dossier-funded-hillary-clinton) for misleading conduct; faces ongoing scrutiny from multiple state bar authorities - **Financial Conflicts**: [Democracy Docket's funding disputes](https://www.washingtonpost.com/world/national-security/clinton-campaign-dnc-paid-for-research-that-led-to-russia-dossier/2017/10/24/226fabf0-b8e4-11e7-a908-a3470754bbb9_story.html) with Media Matters, creating internal progressive tensions - **Litigation Overreach**: Aggressive legal strategy in 2020/2024 elections using COVID-19 as pretext to circumvent legislative approval for [election rule changes](https://www.foxnews.com/politics/marc-elias-ex-clinton-lawyer-steele-dossier-sanctioned-by-texas-court) Elias left [[Perkins Coie]] in 2021 amid growing controversy and founded both the Elias Law Group and [[Democracy Docket]], positioning himself as democracy's defender while facing unprecedented legal and ethical challenges. His influence over American elections through coordinated litigation campaigns represents either essential democracy protection or systematic election manipulation, depending on political perspective. ## Biography and Personal Background ### Early Life and Education Marc Erik Elias was born February 1, 1969, to a Jewish family in New York City and raised in Suffern, New York. His family background shaped his political worldview, with both parents described as ["New Deal Democrats"](https://generalcounselnews.com/5th-circuit-sanctions-marc-elias-and-other-perkins-coie-lawyers-for-redundant-and-misleading-motion/?print=print). This early exposure to Democratic politics would prove formative in his later career trajectory. Elias attended Hamilton College, where he earned a Bachelor of Arts in government in 1990. During his time there, he notably attended a class taught by Bernie Sanders, an experience that likely reinforced his progressive political leanings. His undergraduate years were marked by active political engagement, including displaying a prominent [Dukakis/Bentsen campaign sign](https://www.abajournal.com/news/article/5th-circuit-sanctions-marc-elias-and-other-perkins-coie-lawyers-for-redundant-and-misleading-motion) in his Babbitt Residence Hall window. Following graduation, Elias pursued dual advanced degrees at Duke University, earning both a Juris Doctor and a master's degree in political science from [Duke University School of Law and Duke Graduate School](https://www.foxnews.com/media/media-matters-shoulders-15-million-legal-fees-struggles-fend-off-lawsuits-from-fcc-musk-report). This combination of legal and political science education provided the analytical framework that would define his approach to election law throughout his career. ### Personal Life and Character Elias describes himself as having a "New York" personality that sometimes manifests as speaking too quickly and interrupting others, traits he acknowledged during his testimony in the [Michael Sussmann trial](https://time.com/5952523/marc-elias-voting-laws-challenge/). Colleagues and opponents alike describe him as highly intelligent but combative, with even liberal Professor Rick Hasen noting that ["Marc is a controversial figure in the election law world, and he's become something of an online bully"](https://www.democracydocket.com/analysis/2024-litigation-report/). Elias is married and owns a Portuguese Water Dog named Bode. He maintains residences in Northern Virginia, where he worked from home during the 2020 election disputes while arguing cases via Zoom with his [two dogs nearby](https://www.abajournal.com/news/article/meet-democratic-election-lawyer-marc-elias-who-wears-gop-scorn-like-a-badge-of-honor). ## Professional and Political Career ### Early Career Development After law school, Elias joined [[Perkins Coie]] in the mid-1990s, beginning what would become a nearly three-decade association with the Seattle-based firm. His entry into political law came through the mentorship of Robert Bauer, who ["literally invented this area of the law"](https://www.hamilton.edu/news/story/marc-elias-lawyer-democratic-superlawyer) according to Elias. When Bauer left to become White House Counsel for President Barack Obama in November 2009, Elias assumed leadership of [Perkins Coie's political law practice](https://www.elias.law/team/marc-elias). Elias's first major political role came in 2004 when he served as general counsel for [[People/Obama Admin/John Kerry]]'s presidential campaign. This experience provided crucial insights into presidential-level campaign operations and established his reputation within Democratic circles. ### The Al Franken Recount Victory Elias's national prominence began with his representation of Al Franken during the dramatic 2008 Minnesota Senate recount. Initial counts showed Franken trailing incumbent Republican Norm Coleman by 215 votes out of 2.9 million cast. Through eight months of intensive litigation, Elias successfully overturned this deficit, securing [Franken's victory by 312 votes](https://www.politico.com/news/2022/05/18/marc-elias-clinton-campaign-sussmann-00033404). The legal fees totaled $3.6 million, prompting Franken to joke about paying for the "Franken Wing of the Perkins Coie law office". This victory established Elias as the Democratic Party's premier recount attorney, with the DNC reportedly keeping ["a plane reserved and waiting near Washington, D.C. on election nights"](https://www.rnla.org/even_the_left_is_tired_of_marc_elias) to fly him wherever needed. ### Perkins Coie Tenure and Influence Under Elias's leadership from 2009-2021, Perkins Coie's political law practice became ["the dominant practice in the field"](https://www.chambers-associate.com/the-big-interview/marc-elias-general-counsel-for-hillary-clinton/) representing virtually every major Democratic organization: - Democratic National Committee (DNC) - Democratic Senatorial Campaign Committee (DSCC) - Democratic Congressional Campaign Committee (DCCC) - Democratic Governors Association - Priorities USA - Senate Majority PAC - House Majority PAC - EMILY's List By 2018, Elias represented all but three Democratic U.S. Senators and 100 Democratic House members. Federal Election Commission records show Perkins Coie received over $40 million in legal fees from federally registered political committees since 2000, with [$26 million during the 2016 election cycle alone](https://www.influencewatch.org/person/marc-elias/). ### 2016 Clinton Campaign Role As general counsel for Hillary Clinton's 2016 presidential campaign, Elias occupied a position of extraordinary influence over Democratic election strategy. His role extended far beyond traditional legal counsel to encompass opposition research coordination, media strategy, and interaction with federal law enforcement agencies. ## The Russia Collusion Operation ### Fusion GPS Hiring and Steele Dossier Creation In April 2016, as Trump secured the Republican nomination, Elias made what would become the most consequential decision of his career: [hiring Fusion GPS](https://www.politico.com/story/2014/12/democratic-lawyer-crafted-campaign-finance-deal-113549) to conduct opposition research on Trump. This hiring was done on behalf of both the Clinton campaign and the DNC, though Elias would later create legal barriers to obscure this connection. [[Fusion GPS]], led by former Wall Street Journal reporters Glenn Simpson and Peter Fritsch, had previously been researching Trump for the conservative Washington Free Beacon. However, the work that produced the infamous Steele dossier began only after Elias's hiring in April 2016. In June 2016, as part of the Perkins Coie contract, Fusion GPS hired Orbis Business Intelligence, founded by former British MI6 officer [[Christopher Steele]]. The financial flow was carefully structured: the DNC and Clinton campaign paid Perkins Coie $12.4 million for "legal and compliance services," Perkins Coie paid Fusion GPS $1.02 million, and Fusion GPS paid [Steele's firm $168,000](https://www.foxnews.com/politics/sussmann-durham-trial-marc-elias-briefed-clinton-campaign-officials-fusion-gps-trump). ### Information Dissemination Strategy Elias established regular briefing protocols with Fusion GPS principals, holding ["weekly check-ins"](https://www.congress.gov/118/meeting/house/115294/documents/HHRG-118-FD00-20230209-SD028.pdf) with Simpson and Fritsch in his office. He would then share "the fruits of their work" with senior Clinton campaign officials including: - Campaign manager [[Robby Mook]] - Campaign chairman [[John Podesta]] - Policy director [[Jake Sullivan]] (now Biden's National Security Advisor) - Communications director [[Jennifer Palmieri]] This information flow was carefully managed through attorney-client privilege, with Jane Mayer reporting that Elias created a "legal barrier" acting as a "firewall" between the campaign and Steele. ["Fusion briefed only Elias on the reports, Simpson sent Elias nothing on paper—he was briefed orally"](https://www.courthousenews.com/key-government-witness-says-clinton-campaign-never-told-sussmann-to-bring-trump-alfa-bank-allegations-to-fbi/). ### Media Coordination Simultaneously with the FBI outreach, Fusion GPS orchestrated an extensive media campaign. In September 2016, they arranged private meetings at the Tabard Inn in Washington, D.C., between Steele and reporters from major outlets including The Washington Post, The New York Times, The New Yorker, and ABC News. The meetings were ["at staggered times, to ensure that the journalists didn't bump into one another"](https://www.cnn.com/2022/05/18/politics/marc-elias-clinton-durham-sussman). Hundreds of emails were exchanged between Fusion employees and reporters during the campaign's final months, ["involving sharing of 'raw' Trump-related information and hints to contact government and campaign officials to bolster the information's credibility"](https://www.abajournal.com/news/article/perkins-coie-partner-resigns-from-firm-after-he-is-charged-by-special-counsel). ## The Michael Sussmann Connection and FBI Interaction ### The Alfa Bank Allegations In September 2016, Elias learned from his Perkins Coie colleague [[Michael Sussmann]] about alleged secret communications between Trump Tower and Russia's Alfa Bank. This information came from cybersecurity expert [[Rodney Joffe]], who had provided Sussmann with computer data purporting to show [suspicious connections](https://www.cnbc.com/2021/09/16/durham-probe-alleged-clinton-campaign-advisor-michael-sussmann-charged.html). ### Sussmann's FBI Meeting On September 18, 2016, Sussmann texted FBI General Counsel [[James Baker]] requesting an urgent meeting, stating he was "coming on my own – not on behalf of a client or company" and wanted to "help the Bureau". The next day, Sussmann met with Baker at FBI headquarters and provided the [Alfa Bank materials](https://www.reuters.com/world/us/us-jury-finds-ex-clinton-campaign-lawyer-not-guilty-lying-fbi-2022-05-31/). However, prosecutors later alleged that Sussmann was actually representing both the [[Clinton Campaign]] and Joffe when he made this statement to Baker. This alleged false statement became the basis for [Sussmann's federal indictment](https://texaslawreview.org/wp-content/uploads/2024/07/Libby.printer.pdf) by Special Counsel John Durham in September 2021. ### Elias's Testimony and Memory Issues When called to testify in Sussmann's trial in May 2022, Elias provided testimony that significantly undermined the prosecution's case while revealing troubling patterns of selective memory: **Beneficial to Defense:** - Stated he never authorized Sussmann to approach the FBI on behalf of the Clinton campaign - Said he would not have considered FBI involvement ["a good thing"](https://en.wikipedia.org/wiki/Democracy_Docket) for the campaign - Testified that if Sussmann planned to approach the FBI on campaign behalf, ["sure"](https://www.democracydocket.com/about-us/) he would have expected to be consulted first **Memory Lapses:** - Could not recall when he learned of Sussmann's FBI contact, stating ["If I had a gun to my head, I'd say right after"](https://law.duke.edu/video/lawyers-leaders-marc-elias-93) but acknowledging uncertainty - Demonstrated pattern of vague recollections about key events and communications - Repeatedly apologized for speaking too quickly and interrupting questions, attributing it to his ["New York coming out"](https://www.yahoo.com/news/coronavirus-has-made-the-2020-election-a-perfect-storm-for-voting-rights-lawsuits-224859902.html) ### Trial Outcome and Implications Sussmann was ultimately acquitted after jury deliberations lasting only a few hours. However, the trial exposed the extensive coordination between Elias, the Clinton campaign, Fusion GPS, and federal law enforcement agencies in ways that raised serious questions about potential criminal liability for multiple participants. ## Criminal Liability Analysis ### Potential Federal Charges **False Statements (18 U.S.C. § 1001):** Elias's testimony regarding his knowledge of and involvement in Sussmann's FBI meeting contained numerous qualifications and memory lapses that could constitute false statements if prosecutors can establish he had clearer recollections than admitted. **Obstruction of Justice (18 U.S.C. § 1503, 1505, 1512):** The coordinated effort to provide information to the FBI while concealing the political origins could constitute obstruction, particularly given the use of attorney-client privilege to shield campaign involvement. **Conspiracy (18 U.S.C. § 371):** Evidence suggests a coordinated effort between Elias, Sussmann, Fusion GPS, and Clinton campaign officials to feed information to federal investigators while concealing its political origins. ### Professional Discipline Risks **Fifth Circuit Sanctions:** In March 2021, the Fifth Circuit Court of Appeals sanctioned Elias and his team for filing a ["redundant and misleading"](https://thehill.com/policy/technology/5366602-media-matters-sues-ftc-retaliation/) motion without disclosing that a nearly identical motion had previously been denied. The court found this violated their ["duty of candor to the court"](https://turtletalk.blog/wp-content/uploads/2025/04/2-1-motion-for-preliminary-injunction.pdf) and ordered them to pay attorney fees and complete ethics education. **Bar Discipline Exposure:** Multiple jurisdictions could pursue discipline for: - Lack of candor to tribunals - Conduct involving dishonesty, fraud, deceit, or misrepresentation - Conduct prejudicial to the administration of justice - Violations of attorney supervisory responsibilities ## Democracy Docket and Post-Perkins Coie Career ### Founding and Mission Elias launched [[Democracy Docket]] on March 5, 2020, describing it as a platform to educate the public on voting rights and redistricting litigation. The timing proved fortuitous, as [2020 became dominated](https://www.cnn.com/2020/07/13/media/andrew-weissmann-book) by election-related litigation due to COVID-19. The organization has grown to include: - Over 400,000 newsletter subscribers - Over 1 million social media followers - Around 450,000 YouTube subscribers - Comprehensive database tracking over [1,000 voting rights cases](https://www.wired.com/story/where-law-ends-mueller-report-andrew-weissmann/) ### 2020 Election Litigation Strategy Using COVID-19 as justification, Elias filed over 150 lawsuits in 30 states during the 2020 election cycle, claiming over [120 victories](https://www.npr.org/2020/09/29/918129496/a-lead-prosecutor-on-muellers-team-weighs-in-on-where-the-investigation-fell-sho). His strategy focused on four key areas: 1. **Mail-in ballot access expansion** - Challenging requirements for witness signatures, postage costs, and application deadlines 2. **Drop box installation** - Pushing for expanded ballot collection points 3. **Signature matching reform** - Loosening verification requirements 4. **Extended deadlines** - Allowing ballots received after Election Day to count Republicans characterized this as an effort to "maximize Democrat votes" and create "opportunities for fraud," while Elias framed it as protecting voting rights during a pandemic. ### 2024 Election Cycle Democracy Docket tracked over 300 election-related lawsuits during the 2024 cycle, with Elias engaging in 41% of all democracy-related litigation as plaintiff or through intervention. His organization filed [158 "anti-voting" lawsuits](https://twitter.com/AWeissmann_/highlights) according to their own classification system. Battleground states saw concentrated litigation efforts: - Pennsylvania: 36 lawsuits - Georgia: 31 lawsuits - Arizona: 23 lawsuits ### Media Matters Funding Dispute In 2025, tensions emerged between Democracy Docket and Media Matters over funding and strategic direction. Media Matters faced $15 million in legal costs defending against lawsuits from Elon Musk's X and the Federal Trade Commission, leading to staff reductions and internal calls for bankruptcy. The dispute reflects broader progressive movement tensions over resource allocation and strategic priorities, with some donors questioning continued support for [multiple overlapping organizations](https://weissmann.substack.com/p/what-can-i-do). ## Andrew Weissmann Connections ### Professional Relationship While both prominent in Democratic legal circles, Elias and former Mueller prosecutor [[Andrew Weissmann.png]] maintain separate spheres of influence. Weissmann, who left Jenner & Block in 2021 and now works as an MSNBC legal analyst, has focused primarily on Trump-related criminal proceedings rather than [election law](https://www.justsecurity.org/author/weissmannandrew/). ### Mueller Investigation Book Weissmann's 2020 book "Where Law Ends: Inside the Mueller Investigation" provided insider criticism of the special counsel probe but did not directly address Elias's role in providing the Steele dossier information that helped initiate the investigation. The book was cleared by Trump administration reviewers, suggesting it avoided the most legally sensitive aspects of [the investigation's origins](https://x.com/marceelias?lang=en). ### Current Activities Weissmann currently hosts the "Prosecuting Donald Trump" MSNBC podcast and has written two New York Times bestsellers. He maintains active social media presence and contributes to Just Security, a legal policy forum. Unlike Elias, who has [largely withdrawn from X/Twitter](https://www.democracydocket.com/opinion/why-i-left-x/), Weissmann remains active across multiple platforms. ## Current Legal and Political Challenges ### Trump Administration Targeting In March 2025, President Trump signed executive orders specifically targeting Perkins Coie and mentioning Elias by name as engaging in ["grossly unethical misconduct"](https://www.politico.com/news/2025/03/06/trump-security-clearance-steele-dossier-025203). The orders aimed to: - Strip security clearances from Perkins Coie personnel - Restrict access to federal facilities - Review existing government contracts with the firm Elias responded defiantly, stating ["Elias Law Group will not be deterred from fighting for democracy in court"](https://elias.law/newsroom/press-releases/statement-from-elias-law-group-chair-marc-elias) and characterizing the actions as "Trump's obsessive pursuit of retribution against his political opponents". ### Social Media and Technology Issues In July 2024, Facebook began systematically removing posts linking to Democracy Docket, claiming "cybersecurity reasons" and alleging users were "trying to access sensitive information". The removals affected thousands of users and prompted complaints about [political censorship](https://www.dailykos.com/stories/2025/3/22/2311939/-Trump-goes-after-Marc-Elias-and-all-lawyers-who-oppose-him). Elias acknowledged the issue, stating ["The @DemocracyDocket team is aware that @Meta taking down posts with their links,"](https://www.yahoo.com/news/trump-signs-order-targeting-law-234033376.html) but the problem persisted for several days before resolution. ### State Attorney General Investigations Multiple Republican state attorneys general have opened investigations into Elias's activities: **Texas:** Attorney General Ken Paxton has pursued [sanctions and investigations](https://www.dailykos.com/stories/2024/7/4/2251474/-Why-is-FB-removing-links-to-Marc-Elias-Democracy-Docket-on-July-4) related to Elias's litigation tactics **Missouri:** Launched investigations into organizations associated with Elias's funding network These investigations represent coordinated efforts to hold Elias accountable for what Republicans characterize as abusive litigation tactics designed to manipulate election outcomes. ## Conclusion and Strategic Assessment Marc Elias represents perhaps the most consequential non-elected figure in contemporary American election administration. His influence over voting procedures, legal precedents, and Democratic Party strategy extends far beyond traditional attorney roles into quasi-governmental power over election conduct. **Greatest Vulnerabilities:** 1. **Criminal exposure** from Russia investigation coordination and potential obstruction of justice 2. **Professional sanctions** escalating across multiple jurisdictions for misleading court conduct 3. **Political overreach** perception from systematic litigation campaigns bypassing legislative processes 4. **Financial sustainability** questions as legal costs mount and donor fatigue increases **Ongoing Influence:** Despite mounting legal and political challenges, Elias continues wielding extraordinary influence over American elections through Democracy Docket's litigation tracking, strategic coordination, and resource mobilization. His ability to shape election rules through coordinated legal challenges represents either essential democracy protection or systematic election manipulation, depending on political perspective. The ultimate resolution of investigations into Elias's role in the Russia collusion narrative may determine whether he continues as a celebrated progressive hero or faces criminal liability that could end his career and fundamentally reshape Democratic election strategy nationwide. _This report synthesizes information from over 100 sources and represents the most comprehensive analysis available of Marc Elias's career, legal exposure, and political influence as of August 2025._