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Trump DOJ Exploring Criminal Charges Against Election Officials

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Attorneys in the U.S. Justice Department are quietly exploring ways that the Trump administration may prosecute election officials who disrupt the accurate counting of votes through negligence or incompetence, according to sources close to the investigation.

Such a step would be unprecedented, but officials under U.S. Attorney General Pam Bondi believe that the threat of arrest is critical to ensure state and local officials take their responsibilities seriously.

Charges may be pressed if federal officials believe that the machines used for electronic vote tabulation are not sufficiently calibrated and protected from hackers. The suggestion is reminiscent of criticisms in 2020 about Dominion Voting Systems machines which former attorneys and advisors to Trump had claimed cost him the election by failing to produce accurate counts.

There is no new authority, executive order, or ongoing threat which catalyzed the current probe. Instead, officials cite the oft-repeated belief among conservatives that elections are low-hanging fruit ripe for manipulation.

Federal law historically has provided a broad outline about how to fairly carry out elections, though the duties have fallen on state and local officials for decades.

In recent days, senior officials have instructed Justice Department lawyers to explore possible charges if a state or local election official were to fail in following electronic security standards for machines under their control, and whether doing so would amount to criminal negligence mismanagement of the election system.

The order has prompted DOJ officials to contact election officials across the country as they gather more information about how votes are counted as they arrive in the mail early or on Election Day.

A spokesman for the agency told the New York Times that it “will leave no option off the table when it comes to promoting free, fair and secure elections.”

The actions come shortly after FBI Director Kash Patel announced that he is reopening an investigation into an alleged effort by Chinese nationals to vote in the 2020 election.

Patel argues that former Director Christopher Wray did not follow up with sources who warned him an effort was underway to register Chinese citizens using fake drivers licenses with the names of actual U.S. voters. The signs of a scheme were ignored even after border officials intercepted more than 10,000 fake drivers licenses bound for the U.S., Patel told Congress last month.

Inside the DOJ, Bondi’s directive has run up against career bureaucrats who are skeptical of finding charges that will stick on a traditionally arcane and byzantine system of election duties.

President Trump in March signed an executive order calling for the “preserving and protecting the integrity of American elections.” One section directs Bondi and U.S. Department of Homeland Security Secretary Kristi Noem to “prevent all noncitizens from being involved in the administration of any federal election, including by accessing election equipment, ballots or any other relevant materials used in the conduct of any federal election.”

Noem is also instructed to “review and report on the security of all electronic systems used in the voter registration and voting process.”

The ambiguity of the phrase “review and report” may become a sticking point with DOJ officials who appear to envision a more sweeping accountability of election officials.

At least two states have received election-related inquiries from the DOJ in recent weeks, sources told the Times. One question sent out asks: “Describe all technological security measures taken by the state to prevent unauthorized access to the statewide voter registration list.”

Other states, including Wisconsin, North Carolina and Colorado, have received requests for more information about their voting practices.

Patel testified before Congress earlier this week where he alleged that Wray lied about his investigation into electoral fraud in the 2020 election.

He cited his own investigation into a “recalled” report from the FBI field office in Albany, New York, which contradicted Wray’s 2020 testimony to Congress stating that no Chinese agents were attempting to undermine confidence in the election.

That report was later scrubbed from the FBI’s website, and agents were given instructions not to refer to it in written communication, Patel alleged.

“Based on our continued review and production of FBI documents related to the CCP’s plot to interfere in the 2020 U.S. Presidential election, previous FBI leadership chose to play politics and withhold key information from the American people – exposing the weaponization of law enforcement for political purposes during the height of the 2020 election season,” he said through a joint statement with FBI Deputy Director Dan Bongino.