DOJ veterans say politically charged moves close to election run afoul of historical norms
Cases drawing election scrutiny
The Justice Department has pursued several politically prominent cases, including an immigration-fraud investigation involving Democratic Rep. Ilhan Omar and drug and bribery charges against Virginia state Sen. L. Louise Lucas. It also filed a criminal complaint accusing former FBI officials Nikki Floris and Bradley Benavides of lying to Congress.
Department disputes political impact
A Justice Department spokesperson said the department was guided by evidence and law, not political timing. An official who spoke anonymously said the Lucas and former FBI officials cases posed no risk of affecting the election and called that accusation “a smear.” The official also said cases concerning unlawful voting and registration followed internal guidelines because they involved conduct from earlier elections. The department has publicized arrests of people it identified as noncitizens accused of voting in past elections, including cases involving lesser misdemeanor charges.
Election rules and past practice
Former officials and election-policy advocates say some investigations could have occurred earlier or waited until after voting. Becker, executive director of the Center for Election Innovation & Research, said the timing of some arrests and probes raised concerns. Justice Department guidance includes consulting the Public Integrity Section when prosecutors question how an action may be perceived during an election.
Key points
- Former DOJ officials say high-profile cases may depart from long-standing election practices.
- The department says its actions follow facts and law, not political timing.
- Lucas’s daughter was also indicted and is running for Portsmouth City Council.
- DOJ guidance calls for consultation on actions that could be perceived as politically sensitive.