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May 25, 2022
MEMORANDUM FOR ALL DEPARTMENT EMPLOYE
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FROM: THE ATTORNEY GENERALP�O�
SUBJECT: ELECTION YEAR SENSITIVITIES
Department of Justice employees are entrusted with the authority to enforce the laws of
the United States and with the responsibility to do so in a neutral and impartial manner. This is
particularly important in an election year. Now that the 2022 election season is upon us, and as
in prior election cycles, I am issuing this memorandum to remind you of the Department's
existing policies with respect to political activities.
I. STATEMENTS, INVESTIGATIONS, AND CHARGING NEAR AN ELECTION
The Department of Justice has a strong interest in the prosecution of election-related
crimes, such as those involving federal and state campaign finance laws, federal patronage laws,
and corruption of the election process. As Department employees, however, we must be
particularly sensitive to safeguarding the Department's reputation for fairness, neutrality, and
non-partisanship.
Simply put, partisan politics must play no role in the decisions of federal investigators or
prosecutors regarding any investigations or criminal charges. Law enforcement officers and
prosecutors may never select the timing of public statements (attributed or not), investigative
steps, criminal charges, or any other action in any matter or case for the purpose of affecting any
election, or for the purpose of giving an advantage or disadvantage to any candidate or political
party. Such a purpose, or the appearance of such a purpose, is inconsistent with the
Department's mission and with the Principles of Federal Prosecution.
If you face an issue, or the appearance of an issue, regarding the timing of statements,
investigative steps, charges, or other actions near the time of a primary or general election,
contact the Public Integrity Section of the Criminal Division ("PIN") for further guidance. Such
consultation is also required at various stages of all criminal matters that focus on violations of
federal and state campaign-finance laws, federal patronage crimes, and corruption of the election
process. More detailed guidance is available in Sections 1-4 and 9-85 of the Justice Manual at
http://www.usdoj.gov/usao/eousa/foia reading room/usam/.
Finally, Department employees must also adhere to the additional requirements issued by
the Attorney General on February 5, 2020, governing the opening of criminal and counter
intelligence investigations by the Department, including its law enforcement agencies, related to
Memorandum for All Deparbnent Employees
Subject: Election Year Sensitivities Page2
politically sensitive individuals and entities. See Memorandum of Attorney General William
Barr, Additional Requirements for the Opening of Certain Sensitive Investigations, February 5,
2020 ("February 2020 AG Memorandum"). Any questions regarding the scope or requirements
of the February 2020 AG Memorandum should be directed to PIN.
II. HATCH ACT
As you are aware, the Hatch Act generally prohibits Department employees from
engaging in partisan political activity while on duty, in a federal facility, or using federal
property. Please note that this prohibition includes using the Internet at work for any political
activities. The Act also prohibits us from using our authority for the purpose of affecting
election results; soliciting (or discouraging) political participation; soliciting, accepting, or
receiving political contributions; and generally from running as a candidate in a partisan election.
In addition to restrictions on what Department employees may and may not do while on
duty, while using government property, and in off-duty activities, certain employees are further
restricted from engaging in certain political activity even while not on duty. The degree to which
an employee is restricted in his/her off duty activities depends on his/her position, with further
restrictions applying to members of the career SES, administrative law judges, Criminal
Investigators and Explosives Enforcement Officers of the Bureau of Alcohol, Tobacco and
Firearms, non-career appointees in the Department, and employees of the Criminal Division,
National Security Division, and the Federal Bureau oflnvestigation. If you are unclear on these
restrictions or the classification of your position, please consult with your component's
designated ethics official about the limits of permissible activity prior to engaging in any
political activity. You can also visit the Justice Management Division's Ethics page at
www.usdoj.gov/jmd/ethics/politic.html for more detailed information, which includes the most
recent guidance issued by the Assistant Attorney General for Administration and links to
memoranda issued to both career employees and non-career appointees dated June 10, 2020.
It is critical that each of us complies with the Hatch Act and the principles set out in this
memorandum to ensure that the public retains its confidence that we are adhering to our
responsibility to administer justice in a neutral manner. The Department's reputation for fairness
and impartiality depends upon it.
