Biden holds a sizable lead in multiple battleground states and there has been no indication of enough improperly counted or illegally cast votes that would shift the outcome. In fact, election officials from both political parties have publicly stated the election went well, though there have been minor issues that are typical in elections, including voting machines breaking and ballots that were miscast and lost.
In a memo to US attorneys, obtained by The Associated Press, Barr wrote that investigations "may be conducted if there are clear and apparently-credible allegations of irregularities that, if true, could potentially impact the outcome of a federal election in an individual state".
He said any allegations that "clearly [do] not impact the outcome of a federal election" should be delayed until after those elections are certified and prosecutors should likely open so-called preliminary inquiries, which would allow investigators and prosecutors to see if there is evidence that would allow them to take further investigative measures.
Barr does not identify any specific instances of purported fraud in the memo.
"While it is imperative that credible allegations be addressed in a timely and effective manner, it is equally imperative that Department personnel exercise appropriate caution and maintain the Department's absolute commitment to fairness, neutrality and non-partisanship," Barr wrote.
States have until December 8 to resolve election disputes, including recounts and court contests over the results. Members of the electoral college meet on December 14 to finalise the outcome.
Barr, a loyal ally of Trump, helped broadcast the President's claims of voter fraud before the election, attacking mail-in voting as prone to undue influence and coercion, despite multiple studies debunking the notion of pervasive voter fraud in general and in the vote-by-mail process.
Generally, Justice Department policy is "not to conduct overt investigations, including interviews with individual voters, until after the outcome of the election allegedly affected by the fraud is certified".
But Barr argues in the memo that concerns such acts could inadvertently impact an election are minimised once voting has concluded and that, in some cases, investigations could not be delayed until the election is certified.
A Justice Department official said Barr had not been asked by Trump, anyone else at the White House or any lawmakers to issue the memo. The official could not discuss the matter publicly and spoke to AP on condition of anonymity.
Barr was in Senate Majority Leader Mitch McConnell's office on Capitol Hill this afternoon and refused to answer questions from reporters when he left. Earlier today McConnell threw his support behind Trump after a period of post-election silence.
- AP
