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FBI Email Chain Questioning Case Closure and Seeking DOJ/PIN Concurrence

A redacted FBI email chain from late 2021 records internal disagreement about closing a Michigan voter-registration investigation and communications concerning DOJ Public Integrity Section concurrence with non-prosecution.

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01

Concern about closing the investigation

In the latest email, an FBI employee said the case should not be closed before the issues raised in a forwarded message were considered and objected to language portraying PIN as merely concurring with an FBI decision rather than directing that the matter not be pursued.

“I'm not really comfortable closing the case at this point without raising these issues.”
November 16, 2021 email body
Source: page 1 ↗
“the PIN concurs with our decision not to pursue it as opposed to the PIN directing us not to pursue it.”
November 16, 2021 email body
Source: page 1 ↗
02

Legal theory and acknowledged evidentiary difficulty

The forwarded sender cited DOJ election-offense guidance to argue that false voter-registration submissions could be prosecutable without proof that they changed an election. The sender characterized applications as fraudulent but acknowledged that proving willfulness would remain difficult.

“they still submitted fraudulent voter registration applications.”
November 11, 2021 email body
Source: page 2 ↗
“I understand that proving this was done “willfully” would still be difficult, but I wanted to raise my concerns before closing the case.”
November 11, 2021 email body
Source: page 2 ↗
03

PIN concurrence and requested written position

A November 3 message said PIN would memorialize agreement with USAO and FBI decisions not to prosecute, while an earlier request sought an undated statement of DOJ/PIN's concurrence or nonconcurrence. These are communications about charging and closure positions, not a judicial finding.

“I’ll send an email today memorializing PIN’s agreement with the decisions of the USAO and FBI to not seek prosecution here.”
November 3, 2021 email body
Source: page 2 ↗
“Would you be able to provide an undated letter regarding DOJ/PIN's view on concurrence/nonconcurrence?”
October 20, 2021 email body
Source: page 3 ↗