Ex-DOJ officials say Blanche's pre-election cases break long-standing norms

Former Justice Department officials say Attorney General Todd Blanche's department has entered "uncharted waters" in the weeks before the midterm elections. Their concern is that its actions could influence politics while voters are casting ballots, CBS News reported Thursday ¹. The department rejects that charge ¹.

CBS pointed to three criminal matters. They are the search of Democratic Rep. Ilhan Omar's home, the indictment of Virginia state Sen. L. Louise Lucas, and the charging of two former FBI officials with lying about the Hunter Biden laptop investigation ¹. Such visible steps this close to an election were once unheard of under both parties, the report said ¹.

On tapeFace the Nation · Oct 26

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The unwritten 60-day rule

For decades the department has followed an unwritten practice. It avoids investigative steps or public statements in the 60 days before an election if they could affect the race ¹. A 2018 inspector general report cited that practice when it faulted then-FBI Director James Comey for a letter to Congress in October 2016 ¹.

If you don't absolutely need to do something within 60 days of the election, the better practice was, for good reason, just don't do it. If the evidence is there, it's going to be there after the election.

The Justice Manual, the department's rulebook, also bars prosecutors from timing actions to help or hurt any candidate or party ¹. When timing is in question, it tells them to consult the Public Integrity Section, a unit created after Watergate ¹. CBS reported that Trump-appointed leaders gutted that section last year, leaving two people on staff ¹.

From Channel GOPBash asks Blanche: Is your job helping Republicans?Todd Blanche · 81 plays · captioned, with the source named

Blanche has not issued the customary memo reminding staff to be discreet during an election, multiple sources told CBS ¹. Peter Carr, a 15-year veteran of the department's public affairs office, questioned the urgency of the Omar search ¹.

If you look at the search of Representative Omar's home, what in that case made it so urgent that they had to do the search now, versus after the election?

What the department says

A Justice Department spokesperson told CBS the department is "following the facts and the law, not anyone's political timetable" ¹. Blanche has said the 60-day rule is "not part of the Justice Manual," and that Lucas was "not up for reelection" ¹. An anonymous department official said Lucas is not on the ballot and called suggestions of election influence "a smear" ¹.

On tapeForbes Breaking News · Oct 25

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Lucas faces five federal charges, including racketeering conspiracy and conspiracy to launder money ². Her case has eight counts against seven defendants ². The charges are allegations, and all defendants are presumed innocent unless proven guilty ². CBS reported that her daughter, Lisa Lucas-Burke, was also indicted and is running for Portsmouth City Council ¹.

CBS also noted the department's court actions. It sued California over 20,000 ballots, and a judge rejected that suit ¹. It also filed an unprecedented complaint to block certification of Alaska's Senate race if GOP Sen. Dan Sullivan loses ¹.

Why it matters

David Becker, a former Justice Department voting lawyer, said the actions "at a minimum" give "the perception of attempting to interfere with the election" ¹. Former prosecutors also warned that juries might doubt cases that look political, which could make convictions harder ¹.

That matters because the department's authority rests on public trust that it treats everyone alike. Voters can weigh the department's explanations against the timing. Polls close Tuesday, Nov. 3.

The Record

1. Oct 5, 2026Date the statute of limitations was set to expire in the Comey case, which the Justice Department cites for its timing ¹.
2. Oct 22, 2026Federal indictment of Virginia state Sen. L. Louise Lucas, with five charges against her, is reported ².
3. Oct 27, 2026A magistrate judge tosses new charges that prosecutors tried to add against two former FBI officials, and chastises the government ¹.

Sources

1. CBS News, “DOJ vets say politically charged moves close to election violate norms” (2026-10-29). cbsnews.com/news/doj-veterans-say-politically-charged-moves-
2. WJLA, “Former prosecutor weighs Lucas indictment, questions timing ahead of election” (2026-10-22). wjla.com/news/local/virginia-sen-louise-lucas-federal-indict

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