(WASHINGTON) — Senior Justice Department officials serving under Donald Trump’s first administration may have violated federal law in the run-up to the 2020 presidential election by pushing for pandemic-related investigations that targeted states with Democratic governors, and then leaking private information about those investigations to friendly media outlets in a potential attempt to influence the election, according to a previously-undisclosed report from the Justice Department’s internal watchdog.
The inspector general’s report, obtained by ABC News, concluded that for one of the officials — a senior member of the department’s public affairs team who the report said first hatched the alleged plan to leak investigative information — “the upcoming election was the motivating factor.”
The report specifically pointed to a text message he sent in mid-October 2020, describing a proposed leak to a major New York-area tabloid about reviews of COVID-related deaths at nursing homes in New York and New Jersey as “our last play on them before [the] election” — “but it’s a big one,” he added, according to the report.
The inspector general’s report comes just weeks before Trump takes office again, after winning reelection two months ago in part by promoting questionable claims that the Biden administration had used the Justice Department to further its own political agenda.
Last week, the inspector general’s office released a brief and vague summary of its report, saying only that three former officials had violated Justice Department policies by leaking “non-public DOJ investigative information” to “select reporters, days before an election.”
The summary said the officials may have even violated the Hatch Act, a non-criminal law that prohibits federal employees from using their positions to engage in political activities.
The summary did not say when the alleged violations occurred or which election may have been implicated, but some of Trump’s supporters and at least one major conservative media outlet claimed that it involved the Biden administration trying to harm Trump’s most recent reelection bid.
The partially-redacted report, obtained by ABC News through a Freedom of Information Act request, shows otherwise.
According to the report, in the summer of 2020, leaders of the DOJ’s Civil Rights Division at the time pushed for reviews of government-run nursing homes in several states, looking to find any connections between deaths there and orders from governors directing nursing homes to accept COVID-positive patients.
In late August 2020, when the Justice Department then sent letters to the governors of Michigan, Pennsylvania, New Jersey and New York seeking relevant data — “despite having been provided data indicating that the nursing homes with the most significant quality of care issues were in other states” — the Justice Department’s public affairs office issued a press release about the move, the report said.
Though the inspector general’s office said it did not find evidence that any officials, even career officials, raised concerns at the time, the report said current and former officials more recently described the press release as “unusual and inappropriate.”
The report further details how over the next few months, leadership in the Civil Rights Division pressured officials in the department’s Civil Division to send a letter to New York officials seeking data regarding COVID-19-related deaths in private nursing homes throughout the state, the report said. The Civil Division officials were reluctant to do so, but they ultimately complied because they were “led to believe” that the directive to make the investigative activity public was “coming from Attorney General [Bill] Barr,” the report said.
Then in October 2020, in the final weeks of the 2020 presidential campaign, the senior official with the Justice Department’s Office of Public Affairs proposed his plan to leak information about the letter and other information about an investigation of state-run facilities in New Jersey, according to the report.
On Oct. 17, 2020, the senior public affairs official texted colleagues: “I’m trying to get [them] to do letters to [New Jersey and New York] respectively on nursing homes. Would like to package them together and let [a certain tabloid] break it. Will be our last play on them before election but it’s a big one,” according to the report.
A week before the election, on Oct. 27, 2020, the investigative information was provided to the New York-area tabloid, which published a story that night, accusing New York authorities of undercounting deaths in nursing homes, the report said. The inspector general’s report noted that official statistics released at the time did in fact undercount the actual number of deaths.
Nevertheless, “the conduct of these senior officials raised serious questions about partisan political motivation for their actions in proximity to the 2020 election,” inspector general Michael Horowitz said in his report.
“[T]he then upcoming 2020 election may have been a factor in the timing and manner of those actions and announcing them to the public,” Horowitz added, concluding that the three officials violated the Justice Department’s media contacts policy.
Horowitz said his office has referred its findings to the U.S. Office of Special Counsel, which is tasked with investigating potential violations of the Hatch Act.
A spokesperson for the Office of Special Counsel confirmed to ABC News that his office received the referral and is now reviewing it.
The inspector general’s report noted that Barr declined to be interviewed in connection with Horowitz’s investigation.
A representative for Trump did not immediately respond to a request for comment from ABC News.
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