Attorney General Bill Barr has authorized federal prosecutors across the U.S. to pursue "substantial allegations" of voting irregularities, if they exist, before the 2020 presidential election is certified.
Barr's action comes days after Democrat Joe Biden appeared to defeat President Donald Trump and raises the prospect that Trump will use the Justice Department to try to challenge the outcome. It gives prosecutors the ability to go around longstanding Justice Department policy that normally would prohibit such overt actions before the election is certified.
Trump has not conceded the election, claiming that there has been a widespread, multi-state conspiracy by Democrats to skew the vote tally in Biden's favor.
In uncertified results, Biden holds a sizable lead in multiple battleground states and there has been no indication of enough improperly counted or illegally cast votes that would shift the outcome. Election officials from both political parties have publicly stated the election went well, despite minor issues that are typical in elections, including voting machines breaking and ballots that were miscast and lost.
In a memo to U.S. attorneys, obtained by The Associated Press, Barr wrote that investigations "may be conducted if there are clear and apparently-credible allegations of irregularities that, if true, could potentially impact the outcome of a federal election in an individual State."
He said any allegations that "clearly not impact the outcome of a federal election" should be delayed until after those elections are certified and prosecutors should likely open so-called preliminary inquiries, which would allow investigators and prosecutors to see if there is evidence that would allow them to take further investigative measures.
Barr does not identify any specific instances of purported fraud in the memo.
"While it is imperative that credible allegations be addressed in a timely and effective manner, it is equally imperative that Department personnel exercise appropriate caution and maintain the Department's absolute commitment to fairness, neutrality and non-partisanship," Barr wrote.
States have until Dec. 8 to resolve election disputes, including recounts and court contests over the results. Members of the Electoral College meet Dec. 14 to finalize the outcome.
Barr, a loyal ally of President Donald Trump, helped broadcast Trump's claims of voter fraud before the election, attacking mail-in voting as prone to undue influence and coercion, despite multiple studies debunking the notion of pervasive voter fraud in general and in the vote-by-mail process.
Generally, Justice Department policy is "not to conduct overt investigations, including interviews with individual voters, until after the outcome of the election allegedly affected by the fraud is certified."
But Barr argues in the memo that concerns such acts could inadvertently impact an election are minimized once voting has concluded and that, in some cases, investigations could not be delayed until the election is certified.
Barr was in Senate Majority Leader Mitch McConnell's office on Capitol Hill on Monday afternoon and refused to answer questions from reporters when he left. Earlier Monday, McConnell threw his support behind Trump after a period of post-election silence.
Mainstream media outlets declared Democrat Joe Biden president elect on Saturday, but Newsmax is holding off on declaring a winner until all legal proceedings have concluded.
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