that the dynamic of election night in many States would be whether or not the Democratic votes at the end of the day would overcome the election day votes."[8]
Within days of the election, the President made an "avalanche" of fraud allegations. It "was like playing Whac-A-Mole," Barr explained, "because something would come out one day and the next day it would be another issue."[9] Barr told his "staff very soon after the election" that he "didn't think the President would ever admit that he lost the election, and he would blame it on fraud, and then he would blame the actions and evidence on the Department of Justice."[10]
Barr soon took steps to investigate claims of fraud in the 2020 Presidential election, even in the absence of evidence. The Department of Justice's (DOJ) longstanding policy had been to avoid any substantive investigations until after the election's results were certified.[11] As the country's premier Federal law enforcement agency, DOJ is justifiably concerned that its substantial power can influence the outcome of an election, and it has enacted policies to mitigate this possibility.[12]
On November 7, 2020, the media declared former Vice President Biden the winner of the Presidential election. Two days later, on November 9th, Attorney General Barr authorized wider investigations into claims of election fraud.[13] Barr instructed DOJ and FBI personnel "to pursue substantial allegations of voting and vote tabulation irregularities prior to the certification of elections in your jurisdictions in certain cases."[14] Barr noted that nothing in his memo "should be taken as any indication that the Department has concluded that voting irregularities have impacted the outcome of any election."[15]
4.2 NOVEMBER 23, 2020: BARR CHALLENGES PRESIDENT TRUMP’S ELECTION LIES
As Barr predicted, the President did call on him for information about alleged election fraud. Trump challenged him with a blizzard of conspiracy theories in three face-to-face meetings after the election. The first such meeting occurred on November 23, 2020.
On November 23rd, the Attorney General spoke with White House Counsel Pat Cipollone, who said that it was important for him come to the White House and speak to President Trump.[16] Barr had not seen the President since before the election in late October, and the White House counsel believed that it was important that the Attorney General explain what the Department of Justice was doing related to claims of election fraud.[17]
"The President said there had been major fraud and that, as soon as the facts were out, the results of the election would be reversed," Barr recalled.
