The 93 offices of the U.S. Attorneys located throughout the country share responsibility for prosecutions with the Election Crimes Unit. But given their many other responsibilities, vote fraud is not high on their priorities, particularly because they are well aware of the enormous criticism prosecutors receive from the civil rights community when they pursue election cases, as happened during the Bush administration. There is a Designated Election Officer in each office, an Assistant U.S. Attorney, who is supposed to deal with election crimes. But the vast majority have never investigated or prosecuted a voter-fraud case, and have no experience or interest in doing so.
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State officials such as secretaries of state should be granted investigative subpoena powers to look into both vote fraud and disenfranchisement issues. Historically, election officials have relied too heavily on candidates to identify election problems. Most election boards do not have the authority to conduct vigorous investigations of fraud, and must rely on local district attorney’s offices, which usually are heavily engaged in criminal cases, and not interested in prosecuting election fraud for fear of being labeled partisan or racially motivated.
The U.S. Department of Justice has doubled the voting rights enforcement staff. We got a long way to go though. It’s using authorities to challenge the onslaught of state laws undermining voting rights, whether in old or new ways. It’s something like 20 percent of the Re- — or half the Republicans — the registered Republicans: I am not your President; Donald Trump is still your President. As we Catholics say, "Oh, my God."
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Election fraud, whether it’s phony voter registration, illegal absentee ballots, shady recounts or old-fashioned ballot-box stuffing, can be found in every part of the United States, although it is probably spreading because of the ever-so-tight divisions that have polarized the country and created so many close elections lately.
The Alabama voter fraud described by former Congressman Davis, which occurs in predominately black, poor counties, is vividly illustrated by a criminal prosecution that occurred in the 1990s in Greene County, Alabama, when local citizens, reform political candidates, federal and state prosecution, and a hometown newspaper banded together to fight absentee-ballot fraud in the county, one of the poorest in Alabama. Unfortunately, liberal groups including the NAACP and the Southern Christian Leadership Conference worked equally hard to undermine the effort, as they have worked to undermine voter ID requirements and other reforms intended to ensure the integrity of elections… But in the end, justice prevailed, with the conviction of 11 conspirators who had fixed local elections for years… The Greene County case proves that absentee-ballot fraud is real, and not a cover story for an imagined voter-disenfranchisement conspiracy.
HOW CAN MY CORRUPT POLITICAL OPPONENT PUT ME ON TRIAL(S) DURING A CAMPAIGN THAT I AM WINNING (BY A LOT!), BUT FORCING ME TO SPEND TIME AND MONEY AWAY FROM THE “CAMPAIGN TRAIL” IN ORDER TO FIGHT BOGUS ACCUSATIONS & CHARGES? IS THIS GOING TO BE THE FUTURE OF ELECTIONS IN AMERICA? CAN A PRESIDENT ORDER HIS DEPARTMENT OF JUSTICE TO INDICT AN OPPONENT JUST PRIOR TO AN ELECTION?
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A veteran Justice Department prosecutor told one of the authors that while there was never an official memorandum delineating the Clinton administration’s policy on [voter fraud], the unofficial word had come down from the Clinton political leadership to the career prosecutors that there was ‘no interest’ in pursuing voter fraud cases.
In late November of 2020, while President Trump was still pursuing lawsuits, many of us were urging him to put any genuine evidence of fraud forward in the courts and to accept the outcome of those cases. As January 6th approached, I circulated a memo to my Republican colleagues explaining why our congressional proceedings to count electoral votes could not be used to change the outcome of the election. But what I did not know at the time was that President Trump’s own advisors, also Republicans, also conservatives, including his White House counsel, his Justice Department, his campaign officials, they were all telling him almost exactly the same thing I was telling my colleagues: There was no evidence of fraud or irregularities sufficient to change the election outcome. Our courts had ruled. It was over. Now we know that it didn’t matter what any of us said because Donald Trump wasn’t looking for the right answer legally or the right answer factually. He was looking for a way to remain in office.
As we begin a new year — and as we prepare to mark a solemn anniversary tomorrow – it is a fitting time to reaffirm that we at the Department of Justice will do everything in our power to defend the American people and American democracy. We will defend our democratic institutions from attack. We will protect those who serve the public from violence and threats of violence. We will protect the cornerstone of our democracy: the right to every eligible citizen to cast a vote that counts. And we will do all of this in a manner that adheres to the rule of law and honors our obligation to protect the civil rights and civil liberties of everyone in this country.
With the demise of most big-city political machines and the rise of election supervision by nonpartisan civil service employees, concerns about honest and accurate election counts receded. But Dr. Larry J. Sabato, the director of the University of Virginia’s Center for Politics, who cowrote a pioneering book on the subject,Dirty Little Secrets: The Persistence of Corruption in American Politics, warned as early as the 1990s that ‘voter fraud is making a comeback… My strong suspicion—based on sores of investigated and unexplored tips from political observers and interviewees over the years—is that some degree of vote fraud can be found almost everywhere, and serious outbreaks can and do occur in every region of the country.’
I think that we’re in this really special moment in time where we’re seeing decarceral prosecutors, committed to keeping people rooted in their communities with access to resources and supports, be elected all around the country. We’re seeing defense attorneys being elected into these positions all around the country, and also being able to navigate relationships with police departments that, you know, coming in, were sort of adversarial, just based on the things that they were talking about.
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