Avatar of admin

by

Here's what Bill Barr's DOJ can — and can't — do to disrupt the 2020 race

October 19, 2020 in Blogs

By Independent Media Institute

Attorney General William Barr’s “slavish obedience” to President Trump, including attacking the validity of millions of absentee ballots now being cast in the 2020 general election, prompted a federal prosecutor, Phillip Halpern, to publicly resign on October 14. He is the third to publicly criticize Barr.

“This career bureaucrat [Barr] seems determined to turn our democracy into an autocracy,” wrote Halpern in a San Diego Union-Tribune column. “There is no other honest explanation for Barr’s parroting of the president’s wild and unsupported conspiracy theories regarding mail-in ballots (which have been contradicted by the president’s handpicked FBI director).”

Halpern’s resignation as an assistant U.S. attorney after 36 years at the Department of Justice (DOJ) raises the question of what a politicized DOJ could do to assist Trump’s re-election.

Barr’s “parroting” the false claim that mailed-out—or absentee—ballots are a pathway for large-scale voter fraud was akin to becoming one of the “super-spreaders of disinformation,” as Emily Bazelon discussed in the October 18 New York Times Sunday Magazine cover story. But could the Justice Department intervene in the process where returned absentee ballots are accepted or rejected by local and state election officials, or go further and disrupt the counting of votes? In short, it cannot.

“They really don’t have any authority,” said Justin Levitt, a former deputy assistant attorney general who led the DOJ’s voting rights enforcement in the Obama administration, speaking of administering elections. “The actual disruption, if it is going to come, will come from campaigns or private parties, but not from the DOJ.”

“I know of no federal law that allows the federal government to intervene in a state-based process, under state law, of counting and certifying election results,” said David Becker, who was a senior trial attorney in the DOJ’s Voting Section for seven years, and now runs the nonprofit, nonpartisan Center for Election Innovation and Research.

“There is a requirement under federal law that all [election] materials, including ballots, be maintained for 22 months,” Becker said, referring to a 1960s civil rights law that was intended to help prosecutors build voting rights cases. “That is largely for evidence gathering and after-the-fact review, if there might be some issue. That’s actually useful.”

No Authority to Interfere

The Justice Department has no legal authority to intervene in …read more

Source: ALTERNET

Leave a reply

You must be logged in to post a comment.