The overt investigative steps that the Justice Department took on these three criminal cases just weeks before the midterm elections were once unheard of under past administrations, Democratic or Republican.
asserted
Department → take → administrations
Former DOJ officials say Attorney General Todd Blanche's Justice Department has entered uncharted waters in ways that could influence politics as voters cast ballots, in contravention of long-standing policies and practices.
uncertain
voters → say → policies
"The practice and approach has been and should be that discretion is the better part of valor," said Gregory Brower, the former U.S. attorney for Nevada under President George W. Bush.
asserted
Brower → say → Bush
"If you don't absolutely need to do something within 60 days of the election, the better practice was, for good reason, just don't do it.
asserted
practice → need → it
If the evidence is there, it's going to be there after the election."
asserted
it → go → election
A Justice Department spokesperson rejected the criticism it has received about the timing of the cases, telling CBS News in a statement: "This Department is following the facts and the law, not anyone's political timetable."
asserted
Department → reject → facts
A flurry of activity
The very public investigation into Omar involving accusations of immigration fraud, the drug and bribery charges against Virginia Democrat L. Louise Lucas and the criminal complaint charging former FBI counterintelligence officials Nikki Floris and Bradley Benavides with lying to Congress are just three examples of high-profile enforcement actions by the DOJ that are widely seen as red meat for President Trump's political base.
asserted
that → involve → base
Omar, whose
earlier this month, is a longtime Trump foe who is running for reelection in her deep-blue Minnesota district.
asserted
who → run → district
As president pro tempore of the Virginia state Senate, she is one of the state's most powerful Democrats and led an aggressive attempt to redistrict Virginia's House districts last year.
asserted
she → lead → districts
Her daughter, Lisa Lucas-Burke, was also indicted in the case and is currently running for election to the Portsmouth City Council.
asserted
daughter → indict → Council
And Floris and Benavides were
in connection to the FBI's Hunter Biden laptop probe, a case that has long drawn Mr. Trump's interest.
asserted
that → draw → interest
Prosecutors attempted to add new charges to that case early Tuesday morning, but a magistrate judge tossed those charges and .This week, an FBI agent who helped investigate the pair revealed that the probe was launched at FBI Director Kash Patel's behest, shortly after Mr. Trump gave a speech and ordered the Justice Department to launch an investigation into former counterintelligence officials.
asserted
Trump → attempt → officials
Separately, prosecutors
former FBI Director James Comey, though the Justice Department has said the timing in that case is related to the statute of limitations, which was set to expire on Oct. 5.The
asserted
which → former → Oct.
case marks the third time since last year that the Justice Department has sought to prosecute Comey for different crimes, in what Comey's attorneys and many DOJ veterans say is vindictive.
asserted
attorneys → mark → crimes
Prosecutors also sought on Tuesday to indict former White House aide Cassidy Hutchinson over allegations she lied in her testimony about Mr. Trump to the congressional committee that investigated the Jan. 6 attack on the Capitol, though a grand jury rejected the charges, CBS News
.
asserted
jury → seek → charges
If prosecutors had succeeded, the case likely would have been unsealed before the election.
asserted
case → succeed → election
A Justice Department official who would speak only on condition of anonymity said the cases involving Lucas and the ex-FBI officials did not run the risk of influencing the election, and called any suggestion otherwise "a smear."
asserted
cases → speak → suggestion
"Louise Lucas was charged with racketeering and a money laundering conspiracy.
asserted
Lucas → charge → racketeering
She is not on the ballot this year," the official said.
asserted
official → say → ballot
"Investigating former FBI officials for alleged violations in federal law, who are not candidates for anything, has no bearing on any election," the official added.
asserted
official → investigate → election
The Justice Department has also sued California to force the state to set aside 20,000 ballots it claimed may have gone to noncitizens, which a judge rejected.
uncertain
judge → sue → which
It filed an unprecedented complaint seeking to block certification of Alaska's Senate race if GOP Sen. Dan Sullivan loses, citing possible voter confusion over a second candidate named Daniel Sullivan.
asserted
Sullivan → file → candidate
It has also publicized dozens of arrests of who it said were noncitizens accused of voting in past elections, with announcements that have included photos and videos of the targets being led away in handcuffs by federal agents, even though most of the charges have been lesser misdemeanor offenses.
asserted
most → publicize → charges
David Becker, who previously worked in the voting section of the DOJ's Civil Rights Division and is now a CBS News contributor, said that some of the criminal cases and civil litigation taking place so close to the election is cause for concern.
"
asserted
some → work → concern
These are arrests and investigations that could have easily been put off until after the election or that could have taken place in the previous 21 months, but they waited until right before an election
uncertain
they → put → election
," said Becker, who also serves as the executive director of the nonprofit Center for Election Innovation & Research.
asserted
who → say → Innovation
"At a minimum it gives the perception of attempting to interfere with the election, and I think there is a very good argument that's actually what the DOJ seeks."
asserted
DOJ → give → what
The department official told CBS News that none of its cases related to unlawful voting and registration run afoul of internal guidelines, saying they all relate to conduct from prior elections.
asserted
they → tell → elections
The Justice Department has long followed an unofficial, unwritten norm of not taking investigative steps or making public statements for 60 days before an election if those actions could potentially influence the race.
uncertain
actions → follow → race
That guiding principle historically has led the department to maintain a relatively low profile during that time period.
asserted
principle → guide → period
The 60-day rule was cited in a 2018 inspector general report that faulted former FBI Director James Comey for notifying Congress in October 2016 that the bureau had located additional emails related to Hillary Clinton's use of a private email server.
asserted
bureau → cite → server
The watchdog called the move a serious error in judgment.
asserted
watchdog → call → judgment
There are also several written policies and practices that are customarily followed during an election cycle.
asserted
that → be → cycle
The Justice Department Manual prohibits prosecutors and agents from timing their investigative actions in ways that may give an advantage or disadvantage to any candidate or political party.
uncertain
that → prohibit → candidate
If there is any question about how a DOJ action may be perceived, the manual calls on prosecutors to consult the Public Integrity Section — a specialized unit created in the wake of the Watergate scandal that is tasked with investigating and prosecuting the most politically sensitive cases in the nation.
uncertain
that → be → nation
That section, however, is a shadow of its former self after Trump-appointed Justice Department leaders gutted the office last year, leaving just two people left to staff it.
asserted
leaders → appoint → it
During past election seasons, the Justice Department's Office of Public Affairs has also changed some of its usual messaging practices.
asserted
Office → change → practices
That includes holding fewer press conferences, limiting press releases and determining whether to exclude quotes or comments from politically appointed officials in public announcements, said Peter Carr, a 15-year veteran of the office.
asserted
Carr → include → office
In addition, the attorney general customarily issues a memo on election-related sensitivities to DOJ staff, underscoring the need for discretion.
asserted
general → issue → discretion
Blanche, however, has not issued such a memo, multiple sources familiar with the matter confirmed to CBS News.
asserted
sources → issue → News
…and 13 more, not listed.
The Aporia
