[EL] FBI intervention in election?

George Korbel korbellaw at hotmail.com
Sat Nov 1 12:24:32 PDT 2014


My experience with this is that FBI will respond to an inquiry if the subject has mentioned it. I suspect that there may have been some confirmation by the candidate to the Argus because these issues have been around in South Dakota for some time now

Sent from my iPhone

> On Nov 1, 2014, at 1:25 PM, Rick Hasen <rhasen at law.uci.edu> wrote:
> 
> From my look a few years back at Edwards, DeLay, Stevens, etc., I do believe it is FBI policy not to announce investigations of politicians just before an election.  But it does not appear that's what's going on here.  The current controversy traces back to this Oct 22 report on the Argus Leader, in which the FBI did not announce a new investigation but confirmed that a year and a half investigation is still ongoing. The article includes the following: " The investigation is politically charged. U.S. Senate candidate Mike Rounds has been attacked for his handling of South Dakota's EB-5 program as governor -- though Rounds has said he hasn't been questioned by law enforcement despite his willingness to do so, and doesn't believe he's a target of the investigation."
> 
> That's not to say that there might not be a political motivation behind announcing that the investigation of the EB5 program is ongoing. But it is different from announcing that a politician is the target of a new (or ongoing) investigation.
> 
> 
>> On 10/31/14, 9:28 PM, Scarberry, Mark wrote:
>> I hope there is nothing to this, but speaking of "paths to tyranny" there is an accusation that the FBI has breached protocol in a manner that quite foreseeably could affect a senate race. See http://legalinsurrection.com/2014/10/fbi-announces-investigation-of-gop-senate-candidate-days-before-election/ (via Instapundit), linking to http://www.nationalreview.com/article/391377/october-surprise-south-dakota-ryan-lovelace.
>> 
>> People who remember what happened to Ted Stevens and Tom Delay (not one of my favorites), and who see what is happening to Scott Walker, and who think there really was a problem at the IRS, may be somewhat willing to consider this accusation against the FBI seriously.
>> 
>> Perhaps someone on the list can shed light on this matter. For all of our sakes, I hope that the FBI has not acted improperly.
>> 
>> Mark
>> 
>> Mark S. Scarberry
>> Pepperdine University School of Law
>> 
>> 
>> Sent from my iPad
>> 
>> On Oct 31, 2014, at 2:48 PM, "Dale Eisman" <DEisman at commoncause.org> wrote:
>> 
>>> ​Speaking of Halloween, Mr. Barr apparently has donned his Straw Man suit for the holiday.
>>> I daresay that no one on this list wants to deprive anyone of their freedom of speech or association and that everyone believes in self government and the free exchange of ideas.  And surely no one wants to give government the power to decide who is elected or who wields power.
>>> There are many paths to tyranny. Let me suggest that one of those is the apportionment of political power based on wealth. The Steyers, Kochs, et al are welcome to participate in our democracy, but let us insist on a level playing field for everyone.
>>> 
>> 
>> 
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> 
> -- 
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
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