FBI, DOJ Considered Criminal Investigation of Sinema Following Party Switch

Reports have emerged suggesting the Justice Department and FBI considered launching a criminal investigation into former Arizona Senator Kyrsten Sinema over alleged campaign finance violations shortly after she left the Democratic Party. The potential probe, which ultimately never materialized, has raised questions about political motivations within federal law enforcement agencies.

According to emails obtained by the New York Post, communications between the DOJ’s Criminal Division, a prosecutor in then-Washington, D.C. U.S. Attorney Matthew Graves’ office, and FBI agents from the Washington Field Office detailed discussions about investigating Sinema in February 2024.

The exchange was reportedly prompted by a Post article published on February 1, 2024, which highlighted Sinema’s substantial campaign expenditures, including nearly $800,000 on hotels, a new vehicle, and concert tickets, plus an additional $265,521 on security costs, according to 2023 Federal Election Commission filings.

Sinema, who left the Democratic Party in December 2022 to become an independent, had been a thorn in the side of the Biden administration and Senate Democrats by defending the filibuster and occasionally breaking with her former party on key votes. She ultimately chose not to seek re-election in 2024 and was succeeded by Democrat Ruben Gallego.

The documents show that then-Assistant U.S. Attorney Elizabeth Aloi discussed potentially investigating Sinema for violations of the Federal Election Campaign Act. FBI special agent Walter Giardina reportedly expressed interest in being involved in the probe. However, federal prosecutors ultimately decided against pursuing an investigation.

Daniel Winkler, Sinema’s chief of staff, responded forcefully to the revelations, suggesting political retribution may have been behind the contemplated investigation.

“It’s disappointing, though not surprising, to learn that Walter Giardina, who led politically motivated investigations at the FBI, also sought to investigate Kyrsten for partisan political reasons after she defied Biden and the Senate Democrats to protect the filibuster,” Winkler stated. “Giardina’s pathetic attempts led nowhere, his abuse of power is now exposed to the public and the filibuster stands strong today.”

The timing of these discussions has fueled concerns about potential weaponization of federal law enforcement against political opponents. Sinema’s departure from the Democratic Party in 2022 had been a significant blow to the party’s razor-thin Senate majority at the time, though she continued to caucus with Democrats on most issues.

Campaign finance experts note that while lawmakers have considerable latitude in how they spend campaign funds, expenditures must be reasonably related to campaign activities or official duties. The six-figure spending on luxury accommodations and entertainment reported in Sinema’s FEC filings apparently prompted enough concern for federal officials to at least consider an investigation.

This revelation comes amid broader Republican allegations of politicization within the Justice Department and FBI during the Biden administration. Critics point to various high-profile investigations of conservative figures as evidence of partisan bias, while defenders argue that law enforcement agencies are simply following evidence of potential wrongdoing regardless of political affiliation.

The FBI declined to comment on the matter, and neither the Justice Department nor Sinema have issued official responses beyond Winkler’s statement.

Sinema’s tenure in Congress was marked by her independent streak and willingness to break with her party on key issues. Her departure from politics represents the continuing challenges for moderates in an increasingly polarized political environment. Since leaving office, Sinema has maintained a lower profile while continuing to advocate for bipartisan solutions to policy challenges.

The revelation of these previously undisclosed discussions within federal law enforcement agencies adds another layer to ongoing debates about the proper role of government investigative powers and the potential for their misuse in politically charged environments.