Election Integrity
The United States votes this week for a new President. The Criminal Division's Election Crimes Branch will oversee the election to ensure the election's results are accurate.
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Justice in Brief
In the Northern District of Florida, a man was found guilty for evading Iranian sanctions by falsifying the end user for industrial-grade drills used in mining. The man and others found a person in Iraq to receive the drills and move them to Iran.
In the District of New Jersey, a dual citizen of Russia and the United States entered a guilty plea to charges of conspiring to evade Russian sanctions. The case was part of a larger initiative to prevent American-made military equipment from reaching Russia. This case involved dual-use highly-sensitive electronic components.
In the Eastern District of Virginia, two men entered guilty pleas for their roles in laundering money for the Jalisco Cartel. That cartel is one of two responsible for most of the fentanyl entering the United States.
Election Integrity through Criminal Prosecution
When Elon Musk began distributing his $1 million awards to registered voters in swing states who signed a petition voicing support for the First and Second Amendments, he soon received a letter from Robert Heberle, the Director of the Justice Department’s Election Crimes Branch. That branch oversees all cases involving criminal activity in elections. With attacks on election integrity during the last two election cycles, the Election Crimes Branch plays a crucial role in ensuring electoral integrity by prosecuting election law violations. This week’s issue examines the range of cases the Branch prosecutes and the last two directors.
The Justice Department established the Election Crimes Branch in 1980. It was placed within the Criminal Division’s Public Integrity Section. It is the only branch within the Public Integrity Section, signifying its importance. While the Assistant Attorney General over the Criminal Division is presidentially appointed, the Public Integrity Section Chief and the Election Crimes Branch Director are both career prosecutors.
The Branch covers five types of election crimes. The first is voting fraud. This includes buying votes or fraud connected to absentee ballots. The second is patronage crimes. These involve coercing people to support particular candidates, usually financially. The third is campaign finance crimes. These relate to illegal methods of raising money for elections, such as receiving campaign funds from foreign sources. A fourth type involves election fund raising apart from campaigns. This includes funding for political action committees. The last type are criminal violations of voting rights statutes that do not relate to a protected group, such as race or gender. Offenses related to race and gender are handled by the Department’s Civil Rights Division.
Currently, Robert Heberle direct the Election Crimes Branch. He assumed the role in 2020 when Richard Pilger resigned in protest of Attorney General Bill Barr’s conduct in the days following the election. Heberle began his Justice Department career in 2011, working as a trial attorney in the Fraud section. Three years later, he moved to the Public Integrity Section. In this role he handled a range of cases. Among his more notable cases, he prosecuted a Michigan man for bribing Detroit government officials to obtain city contracts. In another case, he prosecuted a Kentucky man for concealing campaign contributions through fake corporations. Prior to his work for the Justice Department, Heberle clerked for Judge Steven Colloton of the 8th Circuit Court of Appeals. Colloton was a George W. Bush appointee. He received the appointment after working for the Bush campaign in Iowa. Colloton had also clerked for former Supreme Court Chief Justice William Rehnquist. It is likely, based on this background, that Heberle leans more conservative in his legal perspective.
The same could be said for his predecessor, Richard Pilger, who clerked for a federal judge in Indiana. During his time with the Justice Department, Pilger shed any political interests. He participated in both the prosecutions of Don Seigelman, the former Democratic Governor of Alabama, whom many say was politically motivated, and a Republican congressional staffer who participated in Jack Abramoff’s efforts to bribe members of Congress. While serving at the Justice Department, Pilger also received the John C. Keeney Award, recognizing exceptional integrity and professionalism. He cited this award when he resigned over Attorney General Bill Barr’s 2020 policy shift. Prior to 2020, the Election Crimes Branch did not investigate fraud allegations until after the results were certified. Barr ordered the Election Crimes Branch to investigate fraud allegations immediately.
The Barr policy change highlights the important role performed by the Election Crimes Branch. When President Trump voiced concerns about election integrity to Barr, the Attorney General turned to the Election Crimes Branch. With Heberle in charge, the Election Crimes Branch reported to Barr that Trump’s concerns were unfounded. This satisfied Barr who then presented the findings to Trump. As a highly partisan and ideological Attorney General supporting Trump, Barr’s support of the election results undercut the President’s claims. Had the Election Crimes Branch not approached the task objectively and went along with what the President said, the 2020 election would have been even more controversial.
Despite the important role it plays, the Election Crimes Branch does not have jurisdiction over everything. In recent weeks, ballot boxes in Oregon and Washington have exploded when detonation devices were placed inside the boxes. The investigation currently focuses on an individual. While the Election Crimes Branch can investigate conspiracy to intimidate voters, lone actors are not covered by the law. Though the attack on ballot boxes likely violates explosives laws, it is not an election crime.
As election days comes and goes this week, the Justice Department’s Election Crimes Branch will, once again, be poised to investigate any fraud associated with the 2024 elections.
I hope you enjoyed this issue and that it made you stop and think. I would love to hear any comments, questions, concerns, or criticisms that you have. Leave a comment or send a message! Also, if you enjoyed this or if it challenged your thinking, please subscribe and share with others!