AG Garland memo extending Trump-era policy on presidential candidates not the scoop Maddow thinks it is

(Video Credit: MSNBC)

MSNBC host Rachel Maddow revealed on her show a memo from Attorney General Merrick Garland that reaffirmed a Trump-era order placing restrictions on investigations into candidates during an election year.

The insinuation is clear here that she is intimating that former President Trump is moving up his declaration as a candidate for the presidency in 2024 to avoid prosecution over allegations from the Jan. 6 inquisition. Trump has never been specific on when he would declare his candidacy, although he has suggested it would be after the midterm elections.

Garland signed the “Election Year Sensitivities” memo to staff on May 25. It surfaced as an intense debate raged over whether federal prosecutors will seek charges against Trump in connection to the Capitol riot and alleged efforts to overturn the 2020 election results.

Maddow was almost giddy revealing the document as if somehow it was evidence of Trump colluding in order to avoid being prosecuted for imagined crimes. She claimed it has not been disclosed publicly before.

It addresses the importance of investigators avoiding “partisan politics” when conducting an investigation or pondering criminal charges against a candidate for office. The memo also stresses that the agency’s reputation is on the line concerning “fairness, neutrality, and non-partisanship.” The document cites a memo from former Attorney General William Barr.

Attorney General Memorandum… by Washington Examiner

“Department employees must also adhere to the additional requirements issued by the Attorney General on February 5, 2020, governing the opening of criminal and counterintelligence investigations by the Department, including its law enforcement agencies, related to politically sensitive individuals and entities,” the memo informs staff.

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.”

Barr’s memo occurred in the wake of the turbulent 2016 presidential campaign during which then-FBI Director James Comey made public announcements about the investigation into Hillary Clinton. His memo mandated that opening investigations into a presidential or vice presidential candidate, or top members of their campaigns, requires written approval of the attorney general, according to The New York Times.

“I know folks are up in arms over the @maddow scoop but chill. The Barr memo did nothing but require higher level approval to start investigations. The Garland memo just incorporated that and reminded personnel of that as the election nears. Neither memo prevents an indictment.,” national security lawyer Bradley Moss tweeted concerning the Garland and Barr memos.

He also wrote, “You can find similar memoranda from Loretta Lynch and Eric Holder.”

You can find similar memoranda from Loretta Lynch and Eric Holder

— Bradley P. Moss (@BradMossEsq) July 19, 2022

It is widely believed that Trump is nearing an announcement for a presidential run in 2024. The former president claims he has already made up his mind and that an announcement will be made soon.

Rep. Adam Schiff (D-CA), who is a member of the Jan. 6 committee, is very unhappy with the pace of the Justice Department’s Jan. 6 investigation. He wants to stop Trump from running presumably because Democrats know that Trump would thrash any candidate they have to offer currently and that they stand to lose the presidency following the potential loss of the House and Senate in the midterm elections.

(Video Credit: MSNBC)

“If the AG is going to follow the evidence where it leads, then — we’ve already seen evidence leading to the former president,” Schiff proclaimed on MSNBC last week, stressing his belief that prosecutors should not “simply wait” to “exhaust all the investigation of those that attacked the Capitol that day, when there were multiple lines of effort to overturn the election.”

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