A U.S. Department of Justice watchdog said David Freed, the former U.S. attorney for the Middle District of Pennsylvania, misled the public regarding the handful of ballots found in a Luzerne County dumpster weeks before the 2020 general election.
The Office of Inspector General, in a scathing 76-page report released Thursday, stopped short of concluding Freed and former Attorney General William Barr committed misconduct for their handling of a minor election investigation that ultimately resulted in no criminal charges.
The report, however, found Freed violated several DOJ policies governing public statements.
The inspector general, Michael Horowitz, determined Freed’s public comments regarding nine discarded military mail-in ballots — mostly cast for then-President Donald J. Trump — and Freed’s release of a letter penned to county officials infused a criminal investigation with partisanship and “created a false impression” that the probe was more serious than authorities knew it to be.
The review also found that Freed spoke on the case publicly despite knowing he almost certainly would not pursue a criminal prosecution.
“Nearly every DOJ lawyer we interviewed— both career employees and Trump Administration political appointees—emphasized how ‘unusual’ it would be for the Department to issue a public statement containing details about an ongoing criminal investigation, particularly before any charges are filed,” the OIG report stated.
“As one then U.S. Attorney told us: ‘If [we] don’t have a charge, we don’t say anything about an investigation; we just don’t do that.’”
Attempts to reach Freed were unsuccessful. The U.S. Attorney’s Office for the Middle District of Pennsylvania, now helmed by U.S. Attorney Gerard M. Karam, declined to comment.
The report also concluded that Barr, who briefed Trump on the discarded ballots, did not violate DOJ rules on White House communications because official policy allows the attorney general discretion to determine what information can be shared with the president. Clarifying that policy was one of several recommendations Horowitz’s report made.
“There was no evidence of fraud in Luzerne County elections, neither at the time of the incident nor at any point thereafter,” Luzerne County Manager Romilda P. Crocamo said.
“Luzerne County remains dedicated to maintaining the trust and confidence of the public in our electoral system.
We are committed to working closely with the appropriate authorities to further enhance security measures and prevent such incidents from occurring in the future.”