Vance Refers Minnesota Gov. Walz and AG Keith Ellison to DOJ for Criminal Prosecution

AP Photo/Julia Demaree Nikhinson

On Monday, PJ Media's Catherine Salgado wrote about the report of the House Oversight Committee on the Minnesota fraud scandal and how Chairman Rep. James Comer (R-Ky.) sent a letter to the White House Task Force to Eliminate Fraud, asking Vice President J.D. Vance, chairman of the task force, to refer Minnesota governor and former Democratic Party nominee for vice president, Tim Walz, and the state's attorney general, Keith Ellison, to the Justice Department for criminal charges.

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The idea of holding sitting politicians accountable for fraud is extremely rare in American history. Under federal law, simply being a poor manager or failing to spot a scam does not usually result in criminal charges. However, a politician can face indictment if their "ignoring" of fraud crosses into willful blindness (the "ostrich instruction"), where an official consciously avoids learning the truth because they want to maintain plausible deniability. 

Given the facts that the Oversight Committee uncovered, it would appear that the government has an indictable case against both Walz and Ellison.

It's called "honest services fraud," which occurs when an official is notified of an ongoing fraudulent scheme within their administration and deliberately allows it to continue because it benefits them politically or financially. Prosecutors can argue they joined the conspiracy by their deliberate inaction.

It's very hard to prove in court because it goes to a defendant's "state of mind." This is especially true in a case involving fraud, where the governor and attorney general can argue they left the remedy for the fraudulent activity to lower-level managers because they had no idea there was so much taxpayer money involved.  

Because proving criminal intent for omission (failing to act) is incredibly difficult in a court of law, systemic failure to address fraud has historically been treated as a political offense rather than a statutory crime.

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When a sitting politician ignores massive fraud within their executive branch, the historical remedy has typically been impeachment for gross negligence or malfeasance, or severe electoral defeat, rather than a criminal grand jury indictment. Since that's never going to happen in deep blue Minnesota, the legal avenue open to find justice for taxpayers would appear to be a criminal indictment.

If a politician is indicted for "ignored" fraud, the indictment will almost never say "failed to notice." It will typically charge conspiracy, wire/mail fraud, or obstruction of justice, on the legal grounds that the politician's decision to look the other way was a deliberate, bad-faith act intended to protect the fraudsters or to reap a political benefit.

Vice President Vance is clear about the seriousness of the government's efforts to hold Minnesota state officials accountable. 

For too long, politicians have been able to get away with ignoring fraud because there was little chance they would ever be held criminally liable for their failure to act. Many times, voters will ignore the loss of taxpayer money and re-elect the perpetrator anyway. Impeaching a governor is almost impossible in this hyperpartisan era.

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Whether it's through negligence, stupidity, or just plain incompetence, politicians need to be held to account for fraud. If the citizens of a state won't do it, and the politicians refuse to do it, it's left to the federal government to protect the integrity of the republic and prosecute wrongdoers to the fullest extent of the law. 

Editor’s Note: Help us continue to report the truth about corrupt politicians. 

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