A recent Justice Department DOJ watchdog report has revealed that leaks to the media about the department’s investigations into pandemic-related nursing home deaths in New York and New Jersey were orchestrated by senior DOJ officials with the apparent intent to influence the 2020 election. The investigation found that these leaks violated DOJ policies and may have breached the Hatch Act, which prohibits federal employees from engaging in political activity.
The leaks came at a time when both New York Governor Andrew Cuomo and New Jersey Governor Phil Murphy were facing political pressure over their handling of COVID-19 in nursing homes. The leaks were seen as damaging to the governors, especially amid then-President Donald Trump’s frequent attacks on Democratic leaders during the campaign. According to the report by Inspector General Michael Horowitz, emails from senior DOJ officials indicated urgency about announcing investigations in a way that could impact the election, with some suggesting that timing and publicity were key factors.
One discovered email from October 2020 indicated a plan to release information to the New York Post before informing state officials, hinting at strategic timing aimed at influencing the election. The investigation also uncovered internal tensions among DOJ officials regarding the investigations, with some officials, like Assistant Attorney General Eric Dreiband, criticizing the handling of the requests as too deferential. The report also highlighted the involvement of senior DOJ officials, including Attorney General William Barr and Kerri Kupec, the head of DOJ’s Office of Public Affairs.
The controversy surrounding the nursing home deaths and subsequent investigations led to public criticism of Cuomo’s handling of the pandemic, including a controversial March 2020 order requiring nursing homes to admit COVID-positive patients. This order, along with underreported death tolls, caused long-lasting damage to Cuomo’s political career, leading to his resignation in 2021. Murphy’s administration also faced scrutiny, with recent investigations revealing serious issues with care at New Jersey veterans’ homes.
The Inspector General referred the matter to the Office of Special Counsel, which is reviewing potential violations of the Hatch Act. Additionally, the report criticized the DOJ for issuing a misleading press release about an investigation into a Massachusetts veterans’ home that had been suspended months earlier.
This investigation has sparked further debate about the politicization of federal agencies, particularly during election periods, and the potential misuse of public health crises for political gain.