US Attorney General William Barr speaks on Operation Legend, the federal law enforcement operation, during a press conference…
US Attorney General William Barr speaks on Operation Legend, the federal law enforcement operation, during a press conference in Chicago, Illinois, on September 9, 2020.

WASHINGTON - U.S. Attorney General William Barr authorized federal prosecutors to investigate “substantial allegations” of voting irregularities in last week’s election, a move that prompted the Justice Department official who oversees election crimes to step down from that position. 

Barr issued a memo to U.S. attorneys on Monday, copies of which were obtained by multiple news organizations, that did not cite any specific instances of alleged fraud. 

He said investigations “may be conducted if there are clear and apparently-credible allegations of irregularities that, if true, could potentially impact the outcome of a federal election in an individual State.” 

Barr added, “While it is imperative that credible allegations be addressed in a timely and effective manner, it is equally imperative that Department personnel exercise appropriate caution and maintain the Department’s absolute commitment to fairness, neutrality and non-partisanship.”

Julian St. Laurent wear a face shield and two face masks to help prevent the spread of the coronavirus as he walks to a voting both to cast his ballot to vote on Election Day, Nov. 3, 2020, in Portland, Maine.

Justice Department top election crimes prosecutor Richard Pilger said in an email to colleagues Monday he would “regretfully resign” after considering Barr’s memo “and its ramifications.” Pilger will remain in the department in another role. 

Longstanding Justice Department policy has been to prohibit such investigations until election officials in each state certified their results in order to ensure there is not interference from the federal government. 

States have until December 8 to conduct recounts or resolve election-related lawsuits, and the Electoral College will meet December 14 to formally select the presidential election winner based on last week’s voting. 

Bob Bauer, attorney for the campaign of former Vice President Joe Biden, said in a Monday statement it is “deeply unfortunate that Attorney General Barr chose to issue a memorandum that will only fuel the ‘specious, speculative, fanciful or far-fetched claims’ he professes to guard against.” 

“Those are the very kind of claims that the president and his lawyers are making unsuccessfully every day, as their lawsuits are laughed out of one court after another,” Bauer said. “But, in the end, American democracy is stronger than any clumsy and cynical partisan political scheme.” 

President Donald Trump has not conceded the election, and has claimed, without providing evidence, that the voting process in multiple states was fraudulent. 

Major news organizations have declared Biden the winner based on vote tallies released by states. 

What Happens Next?

What It Means to Become President-Elect in the US

In the United States, Democrat Joe Biden is being called the president-elect.

President-elect is a descriptive term not an official office. As such, Biden has no power in the government, and he would not until he is inaugurated at noon on January 20, 2021.

American news networks, which track all of the vote counting, determined on November 7 that Biden’s lead had become insurmountable in Pennsylvania, putting him over the 270 electoral votes needed to be president. Within minutes of determining his lead was mathematically assured, they projected him as the winner.

That is why news organizations, including VOA, are calling Biden the "projected winner."

Sometimes, in the case of particularly close elections, when news networks make this call, the other candidate does not concede victory. President Donald Trump has not done so, alleging voter fraud without substantial evidence and vowing to fight on. The president’s position has left Washington lawmakers divided, with Republicans backing a legal inquiry into allegations of vote fraud, even as they celebrate other congressional lawmakers who won their races.

When will the dispute be resolved?

The U.S. election won’t be officially certified for weeks. In the meantime, court challenges and state recounts could occur.

So far, the Trump administration has not provided evidence for any fraud that could overturn the result, but there is still time for more legal challenges.

Once states have certified the vote, pledged electors then cast their votes in the Electoral College in mid-December. Congress then certifies the overall Electoral College result in early January, about two weeks before Inauguration Day.