Trump's Attorney General William Barr Authorizes Federal Prosecutors to Pursue Voting Irregularities Ahead of Certification

Strategic Insights -

With the election results yet to be certified, President Donald Trump's Attorney General William Barr authorized federal prosecutors to pursue allegations of voting irregularities in a two-page memo. This move directly contradicts decades of Justice Department policy that prohibits interventions that could influence election results. The directive has sparked widespread criticism, including from within the Justice Department, with some calling it a partisan move that will only serve to delay the transfer of power.

Key Takeaways:

  • Attorney General William Barr authorized federal prosecutors to pursue allegations of voting irregularities in a two-page memo, despite decades of Justice Department policy that prohibits interventions that could influence election results.
  • The memo gave federal prosecutors latitude to intervene before December 8, the deadline for states to resolve election disputes, and before the Electoral College meets on December 14 to finalize the outcome.
  • Election law experts have said it's unlikely that any legal action the Trump campaign pursues would affect the outcome, as President-elect Joe Biden holds substantial leads in five battleground states.
  • The closest state, Georgia, which will hold a recount, has Biden ahead by 12,651 votes as of Tuesday afternoon.
  • The Justice Department's director of the Election Crimes Branch, Richard Pilger, resigned in protest of the memo, calling it a "disavowal of the 40-year-old non-interference policy for ballot fraud investigations."
  • Multiple lawmakers, including Senators Dick Durbin and Amy Klobuchar, have criticized Barr's move, calling it a partisan interference that could delay the traditional post-election transfer of power.

Statistics:

  • 40 years: the length of time the Justice Department has maintained a policy of non-interference in ballot fraud investigations.
  • 12,651: the number of votes by which Biden leads in the state of Georgia, where a recount is scheduled.
  • December 8: the deadline for states to resolve election disputes.
  • December 14: the date on which the Electoral College meets to finalize the outcome.
  • 5: the number of battleground states in which Biden holds substantial leads.

Sources:

  • By Kevin Johnson and Kristine Phillips, USA TODAY
  • Sen. Dick Durbin, D-Ill. (via USA TODAY)
  • Sen. Amy Klobuchar, D-Minn. (via USA TODAY)
  • Richard Pilger, former director of the Justice Department's Election Crimes Branch (via email to colleagues)
  • Matthew Miller, former spokesman for Attorney General Eric Holder (via Twitter)
  • Justice Department official (via USA TODAY)
  • Statement from Attorney General William Barr's memo, USA TODAY