The Trump administration’s Justice Department broke with long-standing norms during the 2020 election cycle by publicly commenting on an ongoing investigation into nine military mail-in ballots tossed into a dumpster in Pennsylvania, according to a report released Thursday by the agency’s inspector general, the Washington Post reports. The report outlines how, on Sept. 24, 2020, U.S. Attorney for the Middle District of Pennsylvania David Freed took the unusual step of stating publicly that federal officials had launched an inquiry into the discarded ballots and that all nine ballots were cast for Trump. Then-Attorney General William P. Barr called Freed twice and “encouraged and authorized” him to issue a statement, including that the ballots were cast for Trump, according to the report issued Thursday.
The report recommends that the Justice Department update its policies to spell out what information employees may include in statements about investigations when they deem a public statement is necessary; and make clear whether the attorney general is exempt from any department policies. The discarded ballots in Luzerne County became fodder for election conspiracies, with then-President Donald Trump using the investigation to sow doubt into whether the election could be conducted fairly. Trump later relied on such doubts to fuel his false claims that he had defeated Joe Biden in the election — claims he has continued to repeat during his current campaign for the White House. Still, the inspector general concluded that Barr did not violate Justice Department policies, citing the “ambiguity regarding the applicability” of those policies. Freed, who was interviewed for the report, was faulted for not coordinating his statement with the FBI, a step he didn't think it was necessary since he had been dealing with Barr, the top person in the Justice Department.
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