A recent Department of Justice report concluded that former Attorney General William Barr broke longstanding Department norms when he influenced the conduct of an on-going investigation in 2020.
During the last presidential election, nine mail-in ballots were found in a dumpster in Luzerne County, Pennsylvania. The DOJ immediately launched an investigation. On Sept 24, the US Attorney for the Middle District of Pennsylvania announced that federal officials were investigating the incident and that all nine ballots had been cast for Donald Trump. The next day, Trump announced the details on a national radio show. This year, when the investigation was reviewed, it was revealed that the Attorney General had called the US Attorney twice and “encouraged and authorized” him to issue a statement to the public, and to mention the ballots were for Trump. Barr had met with the president just before the disclosure. The report, released in July, found that while Barr did not break any laws, he did break long-standing Department norms of conduct. The DOJ does not normally announce the start of investigations. Barr’s meeting with Trump was irregular: there is supposed to be a wall between the DOJ and the Chief Executive when it comes to criminal investigations so politics do not corrupt results. Nevertheless, the report concluded there was enough wiggle room in the policy to avoid calling it an outright violation.
When the modern civil service emerged in the 17th century, it followed procedures available in print for the first time. This allowed for greater consistency and the expansion of government functions. As with any form of written direction, behavioral norms became important to fill in gaps regulations don’t cover. This holds true today. There are legitimate reasons why an organization would depart from its norms—new innovations, new ideas, changes in technology, cultural shifts, and so forth. However, playing politics is not one of them. When an official, sworn to ensure the proper functioning of his agency, acts to the contrary, the agency is weakened and government is weakened.
In this next election, it would be wise for voters to consider which administration is more likely to engage in such deviant behavior. No matter what other issues are at stake, preserving the country and government has to be the top priority.
Source:
Perry Stein, “Barr Broke Norms, but Not Rules, in Ballot Probe, Report Finds,” Washington Post, 26 July 2024, A2; see also https://www.washingtonpost.com/national-security/2024/07/25/william-barr-luzerne-ballots-trump-justice-inspector-general/
Photo: Michael Reynolds Pool (AP)
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