matter that has been declined by a United States Attorney’s
Office.
• If the Public Integrity Section agrees that a full-field
investigation and/or grand jury investigation of an
election fraud allegation is warranted, a communication,
in the form of an e-mail confirming this determination, is
generally sent by the Section to the Assistant United
States Attorney. At this stage, the Public Integrity Section
also notifies FBI Headquarters that it has approved the
initiation of a full-field or grand jury investigation of the
matter. There is usually a discussion at this point of
whether the United States Attorney’s Office is able to
make a commitment to prosecute any case that the
investigation may generate, and, if not, whether the Public
Integrity Section will handle the matter either jointly with
the United States Attorney’s Office or by itself.
• The initiation of any grand jury process in the matter,
including the issuance of subpoenas for election
documentation, requires prior consultation with the
Public Integrity Section. This consultation is often done
by phone, especially if speed is considered necessary to
preserve voting documentation. As a rule, the Public
Integrity Section will approve use of a grand jury at the time
it approves a full-field investigation.
• Once this consultation has occurred, the United States
Attorney’s Office investigates the matter as it deems
appropriate. While further consultation is not required until
the charging stage, the Section welcomes questions and
consultations regarding ongoing investigations.
• All indictments charging election fraud must be discussed
with the Public Integrity Section before submission to the
grand jury, as well as all information and criminal
complaints.
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