In response to a Freedom of Information Act request by Bloomberg News, the Department of Justice’s (DoJ’s) Office of Inspector General (OIG) has released a redacted copy of its report finding that senior officials in DoJ disclosed investigative data about COVID-19 deaths in nursing homes in four states with Democratic governors (Michigan, New Jersey, New York, and Pennsylvania) and leaked non-public information about COVID-19 deaths in nursing homes in New Jersey and New York to the New York Post and The Wall Street Journal in October 2020, in violation of DoJ policies on confidentiality and media contacts. OIG is referring its findings to the U.S. Office of Special Counsel because certain officials may have violated the Hatch Act by engaging in partisan activity to affect the 2020 Presidential election. DoJ Office of Inspector General, An Investigation of Alleged Misconduct by Senior DOJ Officials for Leaking Department Investigative Activities Concerning COVID-19 in Nursing Homes to Members of the News Media in October 2020 (Dec. 2024). See Ben Penn, “Trump DOJ Leaders Leaked NY, NH Covid Probes to Media, IG Says,” Bloomberg Law (Jan. 7, 2025).
The Inspector General reports that on August 26, 2020, DoJ issued a press release, “Department of Justice Requesting Data from Governors of States that issued COVID-19 Orders that May Have Resulted in Deaths of Elderly Nursing Home Residents,” announcing that pre-investigation data requests had been sent to the governors of four states with Democratic governors. DoJ issued the press release, according to OIG
without knowing whether the “offending” state orders [that, in New York, for example, a resident should not be denied admission “solely based on a confirmed or suspected diagnosis of COVID-19”] were still in effect (they were not, having been rescinded or revised months earlier), whether such orders were consistent with federal guidance at the time (they were largely consistent with federal guidance), or whether other states had similar orders (they had).
January 30, 2025 – T. Edelman