RTN - The Justice Department's top election crimes prosecutor resigned Monday in protest after Attorney General William Barr told federal prosecutors that they should examine allegations of voting irregularities before states move to certify results in the coming weeks.
Richard
Pilger, director of the elections crimes branch in the Justice
Department's Public Integrity Section, told colleagues in an email that
the attorney general was issuing "an important new policy abrogating the
forty-year-old Non-Interference Policy for ballot fraud investigations
in the period prior to elections becoming certified and uncontested."
Pilger also forwarded the memo to colleagues in his resignation letter.
Pilger's resignation email didn't make clear whether he plans to stay in the department in another capacity.
Barr's
densely worded memo had told prosecutors they could take investigative
steps such as interviewing witnesses during a period that they would
normally need permission from the elections crimes section. It's not
clear what practical effect the policy would have in an election in which President Donald Trump trails President-elect Joe Biden by tens of thousands of votes in several key states.
Barr
didn't provide any indication that the Justice Department has come up
with evidence to support Trump's claim of massive fraud in last week's
election.
In
his memo, Barr notes that while "most allegations of purported election
misconduct are of such a scale that they would not impact the outcome
of an election and, thus, investigation can appropriately be deferred,
that is not always the case."
"Furthermore,
any concerns that overt actions taken by the Department could
inadvertently impact an election are greatly minimized, if they exist at
all, once voting has concluded, even if election certification has not
yet been completed," he wrote.
The
attorney general has previously been supportive of Trump's unfounded
claims about voter fraud, and this latest move comes during an
incredibly tense time and could inflame an already fraught transition.
President-elect Joe Biden is beginning his transition into office while
Trump and his administration refuse to recognize the former vice
president's victory, making baseless claims about voter fraud and
illegal votes that threaten to undermine the bedrock of American
government.
Barr's letter to
criminal prosecutors broke a days-long silence that has been awkward as
Trump and his campaign lawyers have held news conferences and filed
lawsuits that have been devoid of any evidence of widespread fraud.
Trump claims voting irregularities explain why he is behind in states he
would need to win reelection and has refused to concede defeat to
President-elect Joe Biden.
The memo
came after weeks of internal discussions among Justice officials,
during which senior officials told Barr changing the policy on fraud
investigations would be a bad idea, according to a person briefed on the
discussions. Barr issued the memo Monday to the surprise of senior
officials, including Pilger, the person briefed on the matter said.
A Justice official said no one asked or directed Barr to issue his memo.
The
purpose of the memo is unclear, since prosecutors already know their
responsibilities to investigate vote fraud and other irregularities. But
it could serve to provide the President some indication that Barr and
the Justice Department are working to find the evidence that Trump and
his campaign so far haven't produced.
Barr
told prosecutors in his Monday memo: "I authorize you to pursue
substantial allegations of voting and vote tabulation irregularities
prior to the certification of elections in your jurisdictions in certain
cases, as I have already done in specific instances."
"While
serious allegations of voter fraud should be handled with great care,
specious, speculative, fanciful or far-fetched claims should not be a
basis for initiating federal inquiries," Barr wrote.
Barr
has been described by some Justice officials as obsessed with the idea
of voter fraud in recent weeks. He has repeatedly inquired about efforts
by prosecutors to look for signs of fraud, Justice officials say. He
also asked about the possibility of sending federal officers to polling
stations, though he was advised that federal law prohibited sending
armed federal officers to guard the polls.
Source: CNN
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