Consultation with the Public Integrity Section is not required at this
initial stage, although it is always welcome.
If the results of the preliminary inquiry suggest that further
investigation is warranted, the United States Attorney’s Office should
contact the Public Integrity Section. Specifically, consultation with the
Public Integrity Section, and with higher-level Department officials
in the event agreement is not reached, is required for all grand jury and
“full” investigations 38 of election fraud. Consultation with the Public
Integrity Section is also required prior to filing any complaint or
information, or prior to requesting a grand jury to act upon a proposed
indictment that charges any of the election fraud offenses discussed
in this chapter.
In practice, consultation typically proceeds as follows:
• The results of the preliminary investigation are submitted
to FBI Headquarters and the Public Integrity Section,
together with the recommendation of the United States
Attorney’s Office as to whether further investigation is
warranted. At this point, if the matter has merit, it is
discussed informally between the Section and the
Assistant United States Attorney responsible for the
matter, and, on occasion, between the Section and the FBI.
• The Public Integrity Section may suggest that additional
investigation be conducted before determining whether a
full-field or grand jury investigation is warranted. The
Section may also request a preliminary investigation of a
complaint in order to determine whether a federal crime may have occurred, and, if so, whether
federal prosecution of that offense is appropriate. It generally involves an FBI interview of
the complainant and follow-up on certain investigative leads arising from the interview.
38
In connection with election crime matters, a “full” FBI investigation is,
essentially, anything beyond an assessment, and includes the FBI terms “preliminary
investigation” and “full investigation.” DIOG §§ 6 & 7. It is typically a broad-based
investigation that often accompanies a grand jury investigation. Its purpose is to
develop sufficient evidence of federal crimes to support federal charges.
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