Maddow Obtains Memo from Merrick Garland Extending Trump-Era Policy on Investigating Presidential Candidates

Attorney General Merrick Garland quietly extended a Department of Justice policy requiring prosecutors to pre-clear with him any investigations into presidential candidates and their staffers.

The policy, created in February 2020 by then-Attorney General William Barr, was quietly extended two months ago in a memorandum sent to DOJ employees.

On MSNBC’s The Rachel Maddow Show, host Rachel Maddow shared the document with viewers.

In a memo from May 25 on “election year sensitivities,” Garland directed DOJ employees to abide by a Trump administration era policy of “protecting the integrity of our elections.” Garland wrote:

Department of Justice employees are entrusted with the authority to enforce the laws of the United States and with the responsibility to do so in a neutral and impartial manner.

This is particularly important in an election year. Now that the 2022 election season is upon us, and as in prior election cycles, I am issuing this memorandum to remind you of the Department’s existing policies with respect to political activities.

…

Department employees must also adhere to the additional requirements issued by the Attorney General on February 5, 2020, governing the opening of criminal and counter­ intelligence investigations by the Department, including its law enforcement agencies, related to politically sensitive individuals and entities. See Memorandum of Attorney General William Barr.

The policy signed by Barr and extended by Garland reads:

No investigation (including any preliminary investigation)’ may be opened or initiated by the Department or any of its law enforcement agencies: 1. Of a Declared candidate for president or vice president, a presidential campaign. or a senior presidential campaign staff member or advisor’ absent prior (i) written notification to and consultation with the Assistant Attorney(s) General and U.S. Attorney(s) with jurisdiction over the matter and (ii) written approval of the Attorney General, through the Deputy Attorney General.

The policy also applies to declared candidates for U.S. House and Senate.

Maddow noted the memo was written as former President Donald Trump flirts with another run for office.

“Well, former president Donald Trump has had the delightful experience of the Jan. 6 investigation essentially rolling out a realtime, primetime criminal referral of him to the justice department,” she said.

“That’s kind of a surprise,” Maddow later said of Garland extending the policy. “That new was established by Bill Barr – when he was working for Donald Trump.”

Garland has been criticized by opponents of Trump with some claiming he is dragging his feet with regard to opening up an investigation into the former president.

Watch above, via MSNBC.