Process after DOJ receives allegation of election fraud:
Upon receipt of an election fraud allegation, a United States
Attorney’s Office may, if the Office considers it warranted, request the
FBIto conduct a preliminary inquiry in the form of an “assessment.”37 Consultation with the Public Integrity Section is not required at this
initial stage, although it is always welcome.
In practice, consultation typically proceeds as follows:
• The results of the preliminary investigation are submitted
to FBI Headquarters and the Public Integrity Section,
together with the recommendation of the United States
Attorney’s Office as to whether further investigation is
warranted. At this point, if the matter has merit, it is
discussed informally between the Section and the
Assistant United States Attorney responsible for the
matter, and, on occasion, between the Section and the FBI.
• The Public Integrity Section may suggest that additional
investigation be conducted before determining whether a
full-field or grand jury investigation is warranted. The
Section may also request a preliminary investigation of a
In practice, consultation typically proceeds as follows:
• The results of the preliminary investigation are submitted
to FBI Headquarters and the Public Integrity Section,
together with the recommendation of the United States
Attorney’s Office as to whether further investigation is
warranted. At this point, if the matter has merit, it is
discussed informally between the Section and the
Assistant United States Attorney responsible for the
matter, and, on occasion, between the Section and the FBI.
• The Public Integrity Section may suggest that additional
investigation be conducted before determining whether a
full-field or grand jury investigation is warranted. The
Section may also request a preliminary investigation of a
matter that has been declined by a United States Attorney’s
Office.
• If the Public Integrity Section agrees that a full-field
investigation and/or grand jury investigation of an
election fraud allegation is warranted, a communication,
in the form of an e-mail confirming this determination, is
generally sent by the Section to the Assistant United
States Attorney. At this stage, the Public IntegritySection
also notifies FBI Headquarters that it has approved the
initiation of a full-field or grand jury investigation of the
matter. There is usually a discussion at this point of
whether the United States Attorney’s Office is able to
make a commitment to prosecute any case that the
investigation maygenerate, and, if not, whether the Public
Integrity Section will handle the matter either jointly with
the United States Attorney’s Office or by itself.
• The initiation of any grand jury process in the matter,
including the issuance of subpoenas for election
documentation, requires prior consultation with the
Public Integrity Section. This consultation is often done
by phone, especially if speed is considered necessary to
preserve voting documentation. As a rule, the Public
IntegritySection will approve use of a grand jury at the time
it approves a full-field investigation.
• Once this consultation has occurred, the United States
Attorney’s Office investigates the matter as it deems
appropriate. While further consultation is notrequired until
the charging stage, the Section welcomes questions and
consultations regarding ongoing investigations.
• All indictments charging election fraud must be discussed
with the Public Integrity Section before submission to the
grand jury, as well as all information and criminal
complaints.
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• While acceptance of a plea agreement does not require
consultation, this is encouraged in order to ensure that the
plea agreement is consistent with those negotiated in
similar cases elsewhere and with other department policies
applicable with plea agreements. In addition, it is
recommended that the Section be consulted in the case of
pre-indictment pleas, although not required.
page 80 https://www.justice.gov/criminal/file/1029066/download