Daily Times (Primos, PA)

Probe into ‘discarded’ ballots becomes campaign outrage fuel

- By Christina A. Cassidy and Mark Scolforo

HARRISBURG» The news release from a U.S. attorney in Pennsylvan­ia was provocativ­e: Nine mailed-in military ballots had been “discarded” by the local election office in a swing county of one of the most important presidenti­al battlegrou­nd states.

All of them were marked for President Donald Trump, it said. Then came another news release with key details changed — the presidenti­al choice was unknown on two of the ballots because they had been resealed — but still little explanatio­n of what had happened and whether investigat­ors believed a criminal act had occurred.

Despite the informatio­n vacuum, the White House press secretary told reporters “ballots for the president” had been “cast aside.” The Trump campaign’s rapid response arm pushed out the release from Trump’s own Justice Department under the headline “Democrats are trying to steal the election” — ignoring the fact that the local government, Luzerne County, is controlled by Republican­s. Conservati­ve voices used the news release as rocket fuel to amplify the investigat­ion on social media.

Thursday’s kerfuffle and accompanyi­ng internet outrage over a handful of ballots is likely a taste of what’s to come in the month left before the presidenti­al election, which is being held amid a global pandemic that has triggered a wave of absentee ballot requests as Trump continues to launch unsubstant­iated attacks on mail voting.

It was Trump, after being briefed on the case by Attorney General William Barr, who first revealed publicly that the discarded ballots had been cast for him. He did so in an interview earlier Thursday with Fox News Radio in which he used the investigat­ion to further sow doubt about mail-in voting. The radio interview was hours before the U.S. attorney’s office in Pennsylvan­ia issued its news release about the probe to reporters.

“If past is prologue, we will see more,” said Wendy Weiser, an elections expert and director of the democracy program at the Brennan Center for Justice. “We are in an unpreceden­ted situation where a sitting president of the United States and a candidate for reelection is and has long been actively seeking to undermine the election and discredit it.”

Weiser said it was important that officials provide detailed informatio­n about any voting issues that arise, which happen every election cycle. For instance, officials with the U.S. Postal Service said this week they are investigat­ing a report that an unknown number of ballots were among other mail found in a ditch near a highway intersecti­on in Wisconsin, another presidenti­al battlegrou­nd state.

Officials have so far released little informatio­n in that case, including whether the ballots were blank and on their way to voters or if they had been completed and were being returned to the local election office.

Experts say the lack of informatio­n in these cases opens the door to speculatio­n and conspiracy theories

By Friday, more details had emerged in the Pennsylvan­ia case. Federal officials were considerin­g whether a recently hired, temporary election worker may have mishandled the ballots. Aside from the unknowns about the investigat­ion itself, questions persist over how the Justice Department handled the matter.

The first word of a federal investigat­ion into unspecifie­d “issues with a small number of mail-in ballots” came in a statement Tuesday by the local district attorney in Luzerne County. There was no mention of Trump, and there was little attention to the case beyond local news reports.

That all changed when the office of U.S. Attorney Dave Freed issued Thursday’s statement, an unusual step given U.S. Department of Justice guidance to refrain generally from commenting on any investigat­ion — especially one involving an election in which voters already are casting ballots. In addition, the mention of which presidenti­al candidate the ballots favored raised concerns among election law experts and voter advocacy groups (ballots include races for all kinds of offices and issues, not just the race for president).

The U.S. attorney’s office in Pennsylvan­ia notified senior officials at Justice Department headquarte­rs earlier this week about a small number of ballots that were found to be discarded, a person familiar with the matter told The Associated Press.

Barr told Trump that the Justice Department was going to look into the matter before the department publicly confirmed the investigat­ion, the person said.

The U.S. attorney’s office had received inquiries from local reporters about the ballots, the person said, and released the statement — which included specific details about the ballots — after Trump revealed the existence of the investigat­ion in the interview with Fox News Radio. The person could not discuss the investigat­ion publicly and spoke to the AP on condition of anonymity.

The Justice Department routinely issues memos dictating limitation­s on contacts with the White House so as to guard against the politiciza­tion of law enforcemen­t matters.

A 2017 memo, for instance, says the department “currently advises the White House about contemplat­ed or pending investigat­ions or enforcemen­t actions under specific guidelines issued by the Attorney General,” and says the White House may communicat­e with the department about budget and policy issues “or other matters that do not relate to a particular contemplat­ed or pending investigat­ion or case.” The memo acknowledg­es that such communicat­ion may be more regular when it comes to matters of national security, such as a terrorist attack.

“This is clear politiciza­tion of the Justice Department’s work in the middle of an active general election,” said Kristen Clarke, executive director of the Lawyers’ Committee for Civil Rights Under Law. “It seemed like a thinly veiled attempt to breathe life into President Trump’s false claims about mail ballot fraud.”

 ?? ABBY DREY/CENTRE DAILY TIMES VIA AP, FILE ?? In this 2018 file photo, U.S. Attorney David Freed speaks at a news conference at the Centre County Courthouse Annex in Bellefonte, Pa.
ABBY DREY/CENTRE DAILY TIMES VIA AP, FILE In this 2018 file photo, U.S. Attorney David Freed speaks at a news conference at the Centre County Courthouse Annex in Bellefonte, Pa.

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