DOJ Task Force Created in 2021 to Combat Election Threats Has 20 Cases

On Wednesday, Attorney General Merrick Garland delivered a strong message regarding the safety of election officials. He emphasized that any threats aimed at these individuals would not be tolerated. “These cases serve as a warning: if you threaten to harm or kill an election worker or official or volunteer, the Justice Department will find you and hold you accountable,” Garland stated during a press event.

Despite the establishment of a task force by the Department of Justice (DOJ) over three years ago, aimed at prosecuting offenders who intimidate election workers, concerns have been raised regarding its effectiveness. Lawmakers and election officials are increasingly worried about the federal response to threats as the November election approaches.

Critics argue that the task force lacks transparency, with many saying there have been significant delays in holding offenders accountable. Reports indicate that the task force has only pursued a small number of cases despite the surge in threats following the 2020 election.

According to data released in April, over 2,000 threats referred to the FBI by election workers led to only 100 investigations initiated by the Justice Department. The task force has managed to charge just 20 individuals, with 15 convictions secured. These low numbers are troubling for many who work in the election system, especially those who feel increasingly unsafe.

“It’s disheartening when it feels like your community and nation have turned against you,” said Amy Cohen, executive director of the National Association of State Election Directors. “You have no assurance that your concerns are being investigated.”

A DOJ representative pointed out that the task force has engaged with election workers through over 100 meetings and training sessions, working to enhance the capacity of local FBI offices to respond to threats. Garland indicated that in the lead-up to the November election, representatives from the task force will be actively meeting with election officials and collaborating with the FBI.

However, as Election Day nears and threats against election workers continue, the calls for the DOJ to take decisive action have intensified. In July, Senator Jon Ossoff from Georgia began an inquiry into the DOJ’s measures aimed at safeguarding election officials. A collective of senators recently wrote to Garland, urging for more proactive measures to address the ongoing threats faced by these workers.

The senators’ inquiries focused on the quantity of threats identified by the task force as well as ongoing investigations and prosecutions; as of the latest updates, the DOJ had not provided the requested information.

The task force was initiated in 2021 amid a wave of threats during the tumultuous aftermath of the 2020 election. It was designed to swiftly respond to reports of intimidation against election officials, connecting local offices with federal law enforcement resources to investigate and prosecute offenders. Deputy Attorney General Lisa Monaco noted that threats against election officials are threats to democracy itself and emphasized the DOJ’s commitment to taking action against such behavior.

Initially, the task force’s announcement was met with optimism from election officials, who hoped this would deter future threats. However, the reality has been stark. Many election officials have faced ongoing harassment, including violent threats and abusive communications. Recent surveys reveal a disturbing trend, with nearly 40% of local election officials reporting harassment, an increase from prior years.

While the task force has seen some improvements in its activity, the execution of its mandate remains sluggish. Initially, the DOJ only charged four cases within a year of the task force’s formation, despite receiving over 1,000 referrals of threatening communications. Currently, many election officials feel disillusioned about the reporting process and its effectiveness, with a significant portion choosing not to report threats anymore.

The DOJ has stated that a high burden of proof is required for these cases. Many threats are classified as protected speech under the First Amendment, complicating the prosecution process. True threats need to be clearly defined within the legal context, which requires an established intent behind the statements made.

For instance, statements perceived as hyperbolic or vague can be challenging to prosecute, as the defense may argue that they lacked the required intent to threaten. This has resulted in some threats going unaddressed legally, leaving many officials feeling unsupported and vulnerable.

Cohen has publicly addressed these issues for over a year, stating that the lack of action has discouraged many workers from reporting threats altogether. A recent survey indicates that nearly half of the threats against election officials go unreported, highlighting a growing belief that the reporting process is ineffective.

In conclusion, while Attorney General Garland has reiterated the commitment of the DOJ to hold offenders accountable, the experience of election officials suggests that challenges remain in fostering a safe environment for those managing the electoral process. The situation demands urgent attention as the November elections loom.

Source: ABC News