DOJ, FBI weighed campaign finance probe of Sen. Kyrsten Sinema after party switch, emails show

Officials in President Joe Biden's Department of Justice and the FBI discussed the possibility of opening a criminal investigation into then-Senator Kyrsten Sinema for potential violations of the Federal Election Campaign Act in February 2024, roughly 14 months after she announced a change in party affiliation. The discussions were triggered by a Post report on Sinema's six-figure spending on security, hotels, cars and concert tickets, according to emails reviewed by The Post.

The conversations involved Elizabeth Aloi, then an Assistant U.S. Attorney in the office of Biden-appointed DC U.S. Attorney Matthew Graves, and FBI agents in the Washington Field Office, including Walter Giardina, who said he would be interested in taking up the Sinema referral if assigned. The exchanges show a potential path to a FECA inquiry, though the parties ultimately did not open a formal investigation.

The Public Integrity Section of the Justice Department had previously considered investigating Sinema but found little to open. Sinema's chief of staff Daniel Winkler described the discussions as politically motivated, saying the push reflected partisan aims after Sinema left the Democratic Party and resisted efforts to scrap the filibuster.

Over the days after the conversations began, Aloi and Giardina discussed the scope of the probe and whether to assign a Sinema referral. By Feb. 9, 2024, the officials had decided not to pursue a formal investigation, with Aloi writing that they would pass on opening the case after reviewing open-source information, FEC data and FBI holdings and finding no basis to proceed.

Those involved have since left federal service: Aloi was demoted in February 2024 and later left the U.S. Attorney’s Office; Giardina was fired in August 2024, and Blaire Toleman, his supervisor, was removed in November 2024. The trio’s involvement ties into broader investigations and political controversy surrounding the Arctic Frost probe into election interference efforts.

Sinema’s 2023 FEC filings show six-figure spending on personal-style items, including about $796,565 on hotels, a new car and concert tickets, plus about $265,521 on security costs, figures that outpaced her fundraising. Legal observers note that campaign funds may not be used for personal expenses and describe FECA as a strict framework, though some caution about political considerations influencing enforcement.

Neama Rahmani, a former federal prosecutor, said it is very rare to pursue criminal charges under FECA against a sitting member of Congress unless a case resembles high-profile efforts, while acknowledging the charged political environment surrounding Sinema’s party switch. The discussions, however, did not culminate in a filed prosecution.

Sinema ultimately chose not to seek re-election as an independent, and Democrat Ruben Gallego won the seat. Requests for comment from the DOJ, FBI, Aloi and Giardina did not yield immediate responses, and there was no formal announcement of the probe in the public record.

These disclosures come as part of ongoing questions about the intersection of political and legal processes in investigations involving high-profile lawmakers. The February 2024 emails illustrate how federal prosecutors and FBI agents weighed a potential inquiry, even when agency leadership ultimately chose not to proceed.