March 9, 2012: A Justice Department memo clarifies a policy of avoiding interference in elections.

Eric Holder (Credit: public domain)

Eric Holder (Credit: public domain)

Eric Holder, the US attorney general from 2009 until 2015, writes a memo during the 2012 US presidential race outlining Justice Department policy on how to avoid interfering in elections. It states that department employees (which includes the FBI) “must be particularly sensitive to safeguarding the department’s reputation for fairness, neutrality, and nonpartisanship.” If an employee is “faced with a question regarding the timing of charges or overt investigative steps near the time of a primary or general election,” that person should contact the department’s public integrity section “for further guidance.”

The department has had such policies for decades, and they usually are restated every presidential election, but the memo adds clarity to them. (The Washington Post, 10/29/2016) (US Department of Justice, 3/9/2012)

This department policy will be tested in 2016, when the FBI reopens an investigation into Clinton’s emails just 11 days before Clinton is on the ballot for the US presidential election.