New: US Justice Dept ‘Political Timing’ Scrutinised Days Before Midterms

A burst of high-profile Justice Department actions against critics of President Donald Trump and on issues that energise his Republican base has drawn accusations of political timing, with the midterm elections due next week, the Associated Press reported on Wednesday (Oct 28).

The department denies its investigative decisions are political, but critics say the moves this month break with a long-standing practice of avoiding overt steps that could appear to influence an election.

Omar search and FBI officials charged

Investigators searched the home of Democratic Rep. Ilhan Omar of Minnesota in a search approved by a federal judge, seizing her phone. More than a dozen grand jury subpoenas have been issued, some to her relatives, in a probe into issues related to her immigration paperwork. Omar is on the ballot on Tuesday (Nov 3) in Minnesota’s 5th District.

Two former FBI officials have also been charged with making false statements to Congress about what they knew of a laptop the department says belonged to Hunter Biden. An FBI agent testified on Tuesday (Oct 27) that the investigation began after a July speech by Trump on election security and was ordered by FBI Director Kash Patel.

The pair were charged by complaint rather than grand jury indictment, a step US Magistrate Judge Zia Faruqui called unusual. Prosecutors later filed a new complaint adding a charge without the required judicial sign-off on probable cause, the AP said.

Other moves listed by the AP include a third criminal case against former FBI Director James Comey, an unsuccessful attempt to indict a former White House aide who testified about Trump’s efforts to overturn the 2020 election, and lawsuits over voting in Alaska and California.

Critics question Justice Department actions

The AP said the department and law enforcement have long avoided overt investigative actions against candidates in the weeks before an election, and that successive attorneys general have issued memos reminding staff not to act in ways designed to help or hurt a candidate.

David Laufman, a former senior department official under both Democratic and Republican administrations, said the department had shown a brazen disregard for long-held norms in politically sensitive investigations. Defence lawyers and Democrats say the timing is no coincidence.

Department defends its midterms timing

The Justice Department said it was “following the facts and the law, not anyone’s political timetable.” It said avoiding overt actions within 60 days of an election is an informal practice rather than a written rule, and that its policy does not require ongoing work to stop during an election season.

Attorney General Todd Blanche has denied the decisions are political and told reporters last week that seeking the Omar search warrant had nothing to do with the November vote.

Meanwhile, a Florida-based investigation that Trump allies hoped would support claims that former law enforcement and intelligence officials conspired against him is faltering amid staff turnover and delays, according to people familiar with the matter cited by the AP.

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