“It would be problematic enough if Barr were reversing longstanding Justice Department guidance because of significant, substantiated claims of misconduct — that could presumably be handled at the local and state level,” said Stephen I. Vladeck, a professor at the University of Texas School of Law.
“But to do so when there is no such evidence — and when the president’s clear strategy is to delegitimize the results of a proper election — is one of the more problematic acts of any attorney general in my lifetime,” Mr. Vladeck added.
Mr. Pilger, a career prosecutor in the department’s Public Integrity Section who oversaw voting-fraud-related investigations, told colleagues he would move to a nonsupervisory role working on corruption prosecutions.
“Having familiarized myself with the new policy and its ramifications,” he wrote, “I must regretfully resign from my role as director of the Election Crimes Branch.” A Justice Department spokeswoman did not immediately respond to a request for comment about Mr. Pilger’s message.
Justice Department policies prohibit federal prosecutors from taking overt steps, like questioning witnesses or securing subpoenas for documents, to open a criminal investigation into any election-related matter until after voting results have been certified to keep their existence from spilling into public view and influencing either voters or local election officials who ensure the integrity of the results.
“Public knowledge of a criminal investigation could impact the adjudication of election litigation and contests in state courts,” the Justice Department’s longstanding election guidelines for prosecutors say. “Accordingly, it is the general policy of the department not to conduct overt investigations.”
More covert investigative steps, like an investigator going undercover, are allowed but require the permission of a career prosecutor in the department’s Criminal Division.
Source Article from https://www.nytimes.com/2020/11/09/us/politics/barr-elections.html
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