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Declaration of Drew Evans – #25, Att. #1 in STATE OF MINNESOTA v. U.S. DEPARTMENT OF JUSTICE (D.D.C., 1:26-cv-01007) – CourtListener.com
Memorandum in opposition to re 23 MOTION to Dismiss filed by DREW EVANS, MARY F. MORIARTY, STATE OF MINNESOTA. (Attachments: # 1 Declaration of Drew Evans, # 2 Exhibit Index and Exhibits 1-4 to Evans ...
![The huge public filing that the Motion portends would also violate the Justice Manual,
which prohibits "Actions that May Have an Impact on an Election." Justice Manual § 9-85.500 (emphasis added). "Federal prosecutors and agents may never select the timing of any action,
including investigative steps, criminal charges, or statements, for the purpose of affecting any
election, or for the purpose of giving an advantage or disadvantage to any candidate or political
party." Id. Separately, prior to this case, DOJ followed an "Unwritten 60-Day Rule" summarized as follows:
• Former FBI Director Jim Comey: "[W]e avoid taking any action in the run up to an election, if we can avoid it." DOJ-OIG Report at 17.
• Former Attorney General Loretta Lynch: "[I]n general, the practice has been not to take actions that might have an impact on an election, even if it's not an election case or something like that." Id. at 18.
• Former Deputy Attorney General Sally Yates: "To me if it were 90 days off, and you think it has a significant chance of impacting an election, unless there's a reason you need to take that action now you don't do it." Id. at 18.
Departures from these practices should never be countenanced because they risk allowing
prosecutors to impact national elections, but the situation is even worse here where the Special ...](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:vrmx2e5gsi23srsy2n7vljvb/bafkreidevfj5zl4gqmi3bsnlqbwndkmqnydzojpvdya44ekw5xbz6fitkq)
