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On November 9 (local time), United States Attorney General William Barr sent a letter to federal prosecutors allowing them to continue an investigation of “substantial allegations of election and voting anomalies.”
However, the head of the US Department of Justice also asked prosecutors not to get caught up on “vague or unjustified” charges. According to Barr, any charges “that clearly do not affect the results of the federal elections” should be postponed until the elections are certified. Prior to that, prosecutors could open preliminary investigations, allowing investigators to verify compelling evidence for further investigation.
Mr. Barr did not identify any specific fraud cases in the memo.
“While credible allegations are required to be addressed in a timely and effective manner, Department employees must exercise due care and maintain the Department’s absolute commitment to fairness, neutrality, and impartiality.“, he said.
Under US law, Department of Justice “Failure to conduct public investigations, including questioning individual voters, until the election results are confirmed to have been affected by fraud“.
Mr. Barr argues in the memo that fears that such conduct could inadvertently affect an election have been minimized after voting is over and, in some cases, investigations have failed. it may be delayed until the election is certified.
An anonymous Justice Department official said that neither Trump, nor a White House official nor any congressman asked Secretary Barr to make this memorandum.
Also on September 11, Senator Mitch McConnell, the Republican Majority Leader, announced that Trump had the right to deny the election results and file a lawsuit in court. He thinks this is consistent with the United States constitution.