A Justice Department watchdog report released on Thursday found that former Attorney General Bill Barr and former U.S. Attorney David Freed breached DOJ policy through their “unusual” handling of a criminal investigation into discarded mail-in ballots during the 2020 election.
In his 82-page report, DOJ Inspector General Michael Horowitz was highly critical of Barr and Freed for their actions. Despite the FBI's quick determination that the incident was likely a mistake by a mentally impaired individual, Barr and Freed made the details public only after the election. Horowitz noted that Barr personally briefed Trump on the investigation before any public details were available, which he found troubling.
Although Horowitz did not conclude that Barr or Freed engaged in “misconduct,” he recommended a series of reforms to the DOJ. These reforms aim to clarify and tighten policies related to public statements about ongoing criminal investigations and interactions with the White House. The investigation revealed that Freed initially stated all nine discarded ballots were for Trump but later corrected this to seven ballots for Trump, with the remaining two unknown. Freed's office also publicly released a letter suggesting criminal intent by the individual who discarded the ballots, despite early evidence that the act was a mistake rather than intentional wrongdoing.
The report highlighted that DOJ leadership had known from the outset that the individual was mentally impaired and unlikely to face criminal charges, yet they delayed issuing a public statement until January 15, 2021, after Freed's resignation. The investigation also found that Barr had been “personally involved” and had “encouraged and authorized” Freed to make the initial statement about the ballots. Barr briefed Trump on the matter the day before the statements were made public, disclosing that the recovered ballots were marked for Trump, information that Trump subsequently revealed on a national radio show. According to the report, nearly all DOJ lawyers interviewed found it highly unusual for the DOJ to issue such detailed public statements about an ongoing investigation, especially before any charges were filed.
Read the OIG report here.
