If you or I carted away a blue postal box or disabled a mail sorting machine that was needed to handle mail ballots in a presidential election we would probably be charged and found guilty of violation of 18 U.S.C. § 1361. Willful destruction of government property[i] and Interfering with the mails, violating 18 U.S. Code § 1701.[ii] If we were employed by the government, we’d also be guilty of interfering with an election, violating 18 U.S. Code § 595.[iii]
Louis DeJoy, the Trump contributor who Trump recently made Postmaster General has admitted to actions constituting hundreds of these violations.
At his hearing, Friday, August 21, 2020, Louis DeJoy, Trump’s contributor and minion Postmaster General said that under his brief administration “since my arrival we removed about 700 collection boxes.”
DeJoy’s has also been busily removing, destroying, or otherwise taking off line mail sorting machines capable of sorting the surge of mail in ballots expected because of their convenience and relative safety during the pandemic. The machines can label and sort tens of thousands of letters, bills and ballots, each hour. 671 sorting machines, representing about 10 percent of USPS inventory were, or are, slated to be taken off line.
The Washington Post reports that States with more people and, hence, a larger USPS footprint had more machines taken out. California had the greatest number, 76, New York (52). Alaska is the only state with no machines on the list. Many of the machines have been removed in critical swing states: 59 in Florida, 58 in Texas, 34 in Ohio, 30 in Pennsylvania, 26 in Michigan, 15 in North Carolina, 12 in Virginia, 12 in Wisconsin, and 11 in Georgia. An article by Mother Jones says 600 are gone.
Dejoy’s destruction of government property and the mails is being done with knowledge that he was intervening (e.g. rigging) the election.
The Economist of August 22, writes:
“The postal service’s capacity has been particularly reduced in cities in swing states such as Pontiac Michigan; Philadelphia Pennsylvania; Columbus Ohio; and even in Houston Texas. The USPS warned 46 states that mailed-in ballots could arrive too late to be counted.”
A CNN web article provides photographs covertly taken by USPS employees shoing machines being stored outside, and one in Florida being lifted into a dumpster.
DeJoy told Congress on August 21, 2020, that this has nothing to do with intentionally slowing done the mail or the surge capacity of the post office in light of heavy mail-in voting expected in November. He claimed to not know about removing mailboxes, and that removing 10 percent of mail sorting capacity was a normal way of reflecting reductions in first class mail - while admitting he was letting it pile up.
Trump has been running a Twitter storm for months about how mail ballots could cause fraud, despite zero evidence supporting him, and who has been threatening vetos of legislation to make sure the post office has the money it needs. He appoints an unqualified contributor to run the institution that must deliver these votes to election officials on time. And that official immediately sets to work castrating the mail system in certain swing districts might affect the Democratic vote. One need not engage in conspiracy theories, this is one that Donald Trump announced in advance.
It is one where his minion, Mr. DeJoy, may need a good criminal lawyer.
[i] 18 U.S.C. § 1361. Willful destruction of government property.
Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:
If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.
[ii] 18 U.S. Code § 1701. Obstruction of mails generally
Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both.
[iii] 18 U.S. Code § 595. Interference by administrative employees of Federal, State, or Territorial Governments
Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both.
