US Attorney General allows prosecutors to probe ‘substantial allegations’ of vote irregularities

U.S. Attorney General William Barr did not identify any specific instances of purported fraud

Credit: AP

US Election Article Bar

Attorney General William Barr has authorised federal prosecutors across the US to pursue "substantial allegations" of voting irregularities, if they exist, before the 2020 presidential election is certified, despite little evidence of fraud.

Mr Barr’s action comes days after Democrat Joe Biden defeated President Donald Trump and raises the prospect that Mr 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.

Mr Trump has not conceded the election and is instead claiming without evidence that there has been a widespread, multi-state conspiracy by Democrats to skew the vote tally in Mr Biden’s favour.

Mr 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. In fact, election officials from both political parties have publicly stated the election went well, though there have been minor issues that are typical in elections, including voting machines breaking and ballots that were miscast and lost.

In a memo to US attorneys, obtained by The Associated Press, Mr 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".

Mr 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," Mr Barr wrote.

States have until December 8 to resolve election disputes, including recounts and court contests over the results. Members of the Electoral College meet December 14 to finalise the outcome.

Mr Barr, a loyal ally of President Donald Trump, helped broadcast Mr 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 Mr Barr argues in the memo that concerns such acts could inadvertently impact an election are minimised once voting has concluded and that, in some cases, investigations could not be delayed until the election is certified.

A Justice Department official said Mr Barr had not been asked by Mr Trump, anyone else at the White House or any lawmakers to issue the memo.