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If the violation affects the election results of a single state, prosecutors can immediately charge
Normally, the policy of the Department of Justice is not to conduct public investigations until it is proven that the election results have been affected by fraud. This time, federal prosecutors in various regions are specifically empowered to take steps to make “substantial allegations” of voting violations before the results of the general election are officially certified.
Barr’s memo may further challenge the election results predicted by the media.
On the night of US election day (3), the voting results in some states were abnormal. Democrat Joe Biden unexpectedly added a large number of votes in a short time and surpassed the Republican presidential candidate and current President Donald in an undecided state. Trump (Trump).
The Trump campaign questioned the opponent’s election fraud, and subsequently Trump filed lawsuits in many states or requested a recount.
The United States General Election is an electoral voting system. The candidates need to obtain half of the electoral votes, reaching 270 votes to be elected president; And today, there are still many state elections that are still being counted, and the official final result has not been released. Biden’s 270 votes are said to be something of a medium. The prediction is not the actual result of the vote.
Under US law, states must resolve electoral disputes by December 8, including counting votes and holding court debates on the results; On December 14, the electoral assembly elected by each state will finalize the results of the presidential elections.
Prosecutors can press charges if violations affect state election results
A memo issued by Barr on Monday read: “Now that the voting is over, it is imperative that the American people believe in our electoral methods and that the election results can accurately reflect the wishes of the voters. Under the Constitution and the Legislation of Congress, states are responsible for keeping the peace Primary responsibility for monitoring elections, but the US Department of Justice also has responsibility for ensuring that federal elections are conducted in a manner that the American people Trust the electoral process and the government fully.
The memorandum mentioned that the general policies of the Ministry of Justice on investigations of electoral fraud are registered in the “Judicial Manual”. The policy requires the Department of Justice to consult with the Election Crimes Branch of the Department of Public Integrity in certain circumstances.
However, the policy also allows preliminary investigations, including witness interviews, if the Electoral Crimes Division is not consulted.
Barr’s memo mentioned that the Election Crimes Division generally requires the election to be completed, the election results confirmed, and all ballot counting and contests to end before it can take action; but this method also depends on the situation.
He wrote: “This passive and delayed method of law enforcement can lead to situations where electoral misconduct cannot be effectively corrected. However, this approach by the Division of Elections Crimes is not a static rule, and Decisions and judgments must be made based on specific circumstances.
“Perhaps most of the alleged allegations of electoral misconduct will not greatly affect the election results, so the investigation may be appropriately postponed, but it is not always the case. Also, because the vote has ended, even if it is not has completed the electoral confirmation, the actions of the Ministry of Justice The impact of the elections is minimal, so do not worry.
“In view of this, and considering that the current election ended, I authorize them (federal prosecutors) to, under certain circumstances, prior to electoral certification in their jurisdiction, to charge a large number of allegations of voting and improper tabulation, as I did that in some rare cases.
“If there are obvious and clearly credible allegations of violations, and the allegations are true and may affect the results of federal elections in a single state, then those investigations and reviews can be conducted. If the allegations of violations are not sufficient to affect the results of federal elections in only one state, then the investigation was postponed until the electoral certification process was completed.
“While US prosecutors retain the power to conduct inquiries and investigations as they deem appropriate, it may be wiser to initiate preliminary investigations into election-related matters to assess whether existing evidence requires further investigation.”
Judicial investigations must be fair, neutral and non-partisan.
Barr emphasized that the Justice Department investigation will adhere to the principle of “fairness, neutrality, and nonpartisanship,” and serious allegations should be treated seriously, but “false, speculative, fictitious, or implausible allegations should not be the basis for initiating a federal investigation. “
He emphasized that the Ministry of Justice has not yet concluded that “an improper vote has affected the electoral results.”
Barr said the Justice Department’s decision is to resolve allegations of election misconduct in a timely and appropriate manner so that all Americans, regardless of which candidate or political party they choose, can have full confidence in the results of the American elections. .
“The American people and their freely chosen leaders deserve them,” he wrote.
Editor in charge: Ye Ziwei #
