Not content to The Department of Justice's (DOJ) Office of the Inspector General (OIG) revealed this week that three senior DOJ officials violated internal policies and engaged in misconduct by leaking non-public investigative details to the media "days before an election."
The OIG, led by Michael Horowitz since 2012, conducted the investigation following a complaint alleging politically motivated disclosures related to ongoing DOJ matters.
"The OIG investigation found that three then Senior DOJ Officials violated DOJ’s Confidentiality and Media Contacts Policy by leaking to select reporters, days before an election, non-public DOJ investigative information regarding ongoing DOJ investigative matters, resulting in the publication of two news articles that included the non-public DOJ investigative information," the OIG stated in a brief investigative summary.
The summary further noted that one of the officials compounded the misconduct by using a DOJ social media account to share links to the resulting news articles, a violation of both the Confidentiality and Media Contacts Policy and the DOJ’s Social Media Policy.
Of course, in typical Horowitz fashion - we have no clue who leaked what to whom...
The investigation faced limitations as the three implicated officials were no longer employed by the DOJ at the time of the probe, and either declined or failed to respond to interview requests. The OIG does not have the authority to compel testimony from former employees.
Horowitz's office confirmed that the findings have been referred to the Office of the Deputy Attorney General and the Professional Misconduct Review Unit for appropriate action. Additionally, the report has been shared with the U.S. Office of Special Counsel for further investigation into potential violations of the Hatch Act, which restricts political activities by federal employees.
Unspecified Investigation at the Heart of the Leak
The nature of the investigation leaked by the former officials remains unclear. However, similar concerns have been raised in other high-profile cases involving DOJ leaks. In September, Senator Chuck Grassley (R-IA) sent a letter to Attorney General Merrick Garland and FBI Director Christopher Wray, as well as Horowitz, accusing the DOJ and FBI of leaking information about a now-closed investigation into President-elect Donald Trump.
The investigation in question involved allegations that Egyptian President Abdel Fatah El-Sisi attempted to bolster Trump’s 2016 campaign with $10 million in cash. Initially handled by Special Counsel Robert Mueller's team, the probe was closed in June 2020 due to insufficient evidence, but details of the case were reported by The Washington Post in August 2024. The newspaper’s reporting cited “people familiar with the case” and “thousands of pages of government records, including sealed court filings.”
Broader Pattern of DOJ Leaks and Misconduct
Leaks have been a recurring issue within the DOJ. Trump, while campaigning for the 2024 GOP presidential nomination, accused Special Counsel Jack Smith of having "illegally leaked" information about the classified documents investigation against him. This included allegations that Smith leaked an audio recording of Trump discussing a classified document related to Iran, which was later included in a now-dismissed indictment.
During Trump’s first term, leaks about the FBI’s investigation into alleged collusion between Russia and his 2016 campaign led to scathing reports by the OIG and subsequent investigations by Mueller and Special Counsel John Durham. Notably, former FBI Director James Comey was referred for prosecution in 2019 for leaking internal memos to the media, though the DOJ ultimately declined to press charges.
