Is Attorney General William Barr Interfering With The Election? Why Critics Are Demanding An Investigation

Democratic congressional leaders are demanding the Department of Justice open an investigation into the conduct of Attorney General William Barr, accusing him of making several comments and decisions that seemingly benefit President Trump in the upcoming presidential election.

But is he?

The call for Department of Justice Inspector General Michael Horowitz to investigate the Attorney General came from the leaders of several top House committees including Jerry Nadler (D-NY), Zoe Lofgren (D-CA), Carolyn Maloney (D-NY), and Adam Schiff (D-CA). In their letter to Horowitz, the Committee chairs asked Horowitz  to investigate if the recent conduct by Barr violated federal law limiting the conduct of federal officials to take political actions. The letter also asked Horowitz to determine whether Barr violated longstanding DOJ policies about not commenting on open investigations close to an election.

“Attorney General Barr and U.S. Attorney Durham have made several public comments that could violate this Department policy and related guidelines. Attorney General Barr has signaled repeatedly that he is likely to allow DOJ to take prosecutorial actions, make public disclosures, and even issue reports before the presidential election in November. Such actions clearly appear intended to benefit President Trump politically,” the Democratic leaders wrote to Horowitz.

The letter continued, “Few actions would prove more damaging to public confidence in the integrity of the DOJ and our democratic process than the perception that federal prosecutorial power can be used to prejudice a pending investigation or influence an upcoming election.”

Barr has drawn fire for recent comments and decisions related to the investigation being conducted by U.S. Attorney John Durham into the Russia investigation, including the prospect of the release of any findings by Durham so close to the election. The Department of Justice has long refrained from releasing information relating to investigations so close to an election, given the likelihood of improperly influencing the outcome. The House leaders’ letter points to Barr’s past concurrence with such policies and practices, including during his confirmation hearings.

The letter also calls on Horowitz to determine whether Durham has “authority to issue a public report about a subject who has not yet been charged in a federal court.”

Over the past year, Barr has been accused by his critics of being a Trump loyalist as opposed to an independent leader of the Department of Justice, which has typically maintained distance from the political wishes of the White House. Barr, however, has not been shy about making controversial decisions that seemingly aid Trump, including several decisions related to the findings and release of the Mueller report. Barr has also taken numerous controversial positions regarding President Trump’s approach to law enforcement in the wake of this summer’s racial justice protests across the country.

Other controversial decisions Barr is accused of making in a political context include the DOJ’s decisions related to the federal criminal case against General Flynn, as well as the recent decision to intercede in a lawsuit against President Trump by E. Jean Carroll, a woman who has accused Trump of sexual assault, and has filed a defamation lawsuit against the President related to her accusations.

But it is the stretch run of the coming election that has the top Democrats most concerned, with the thought that Barr will improperly use his authority to interfere in the election by breaking with past DOJ policy. In particular, Democrats fear a repeat of 2016, when then FBI Director James Comey released a letter to Congress related to Hillary Clinton’s emails ten days prior to the election, which many believe altered the outcome of the race.

As the clock races down to election day, the question is whether Horowitz himself has the ability to investigate and impede Barr’s decisions, and whether such an investigation itself would seem political. One thing is certain, though. The debate over Barr’s conduct is not likely to end soon…

Even after the election is over.