NBC reported on FBI's ACORN investigation, but not on DOJ regulations prohibiting leaks

On the October 17 edition of NBC's Today, host Amy Robach reported that "[t]he FBI is looking into the community activist group ACORN after claims by Republicans that group members have filed false voter-registration forms." But, while Justice Department correspondent Pete Williams reported that "[b]oth the FBI and the Justice Department want to be responsive to these allegations without trying to inject themselves into the politics," he did not mention -- and, according to a search of the Nexis database* and review of recent newscasts, NBC's Nightly News and Today had not reported as of 7:00 p.m. ET October 19 -- that Department of Justice regulations generally prohibit department personnel from discussing ongoing investigations with the general public, including the media, as The Associated Press has noted. Further, NBC has not reported that Rep. John Conyers (D-MI), chairman of the House Judiciary Committee, in an October 16 letter to Attorney General Michael Mukasey and FBI director Robert Mueller, "condemned" the leak and asked whether the leak and "all other actions" in the ACORN investigation "are consistent with the US Attorneys Manual ... and, if not, what action has been taken in response."

In an October 16 report, the AP reported that two "senior law enforcement officials" said that "[t]he FBI is investigating whether the community activist group ACORN helped foster voter registration fraud around the nation before the presidential election." The AP added: "Both officials spoke on condition of anonymity because Justice Department regulations forbid discussing ongoing investigations particularly so close to an election."

As Conyers' letter to Mukasey noted, the leak "likely violate[d] the provisions of" Section 1-7.530 of the Department of Justice's US Attorney Manual, titled "Disclosure of Information Concerning Ongoing Investigations." That section states that:

A. Except as provided inn [sic] subparagraph B. of this section, components and personnel of the Department of Justice shall not respond to questions about the existence of an ongoing investigation or comment on its nature or progress, including such things as the issuance or seving [sic] of a subpoena, prior to the public filing of the document.

B. In matters that have already received substantial publicity, or about which the community needs to be reassured that the appropriate law enforcement agency is investigating the incident, or where release of information is necessary to protect the public interest, safety, or welfare, comments about or confirmation of an ongoing investigation may need to be made. In these unusual circumstances, the involved investigative agency will consult and obtain approval from the United States Attorney or Department Division handling the matter prior to disseminating any information to the media.

From the October 17 edition of NBC's Today:

ROBACH: The FBI is looking into the community activist group ACORN after claims by Republicans that group members have filed false voter-registration forms. NBC's justice correspondent Pete Williams has more. Pete, good morning.

WILLIAMS: Amy, good morning to you. The FBI is trying to thread the needle here, begin to gather what evidence it can without launching a full-blown investigation. Both the FBI and the Justice Department want to be responsive to these allegations without trying to inject themselves into the politics. A spokesman for ACORN says it has not been contacted by the FBI, and the group says because it brought some of these allegations forward on its own it believes it has behaved properly.

Most of the investigative activity, in fact, is being carried out by the states; at least five have them underway. In Nevada, for example, the group's offices were searched earlier this month, but anything the FBI does is likely to remain very low key until after the election, Amy.

ROBACH: Pete Williams, thank you.

*Nexis search was of the NBC News source for "FBI and ACORN and date aft 10/16/2008."