Photo: Doug MIlls-Pool/Getty Images

A career Justice Department lawyer will testify to the House Judiciary Committee on Wednesday that political leaders in the agency's antitrust division initiated a probe of four automakers' carbon emissions agreement with California a day after President Trump tweeted criticisms of the preliminary deal.

Driving the news: John Elias, one of two whistleblowers testifying in Wednesday's hearing about political interference at the Justice Department, says in prepared testimony that the since-abandoned probe into Ford, BMW, Honda and VW initiated on Aug. 22, 2019, did not follow the typical procedures.

  • "Ordinarily, decisions of import — here, an investigation of a $630 billion automobile market — take time and care to evaluate, especially when the action would face defenses. Here, in its opening memorandum, staff acknowledged that it had not fully examined the public record," Elias states.

Why it matters: Makan Delrahim, the head of the DOJ's antitrust division, has previously denied the probe was undertaken for political reasons. The department did not provide immediate comment Tuesday.

  • Elias' statement provides new details about the inquiry into automakers who reached an agreement with California regulators to meet emissions standards for their nationwide fleets that are more stringent than Trump administration policy.

The details: His testimony says the initiating paperwork was generated by the division's policy staff and that enforcement staff "expressed concerns about the legal and factual basis for the investigation" once they received the matter.

  • He adds that enforcement staff sought time to conduct their own analysis and "requested a delay in going overt with the investigation."
  • But the investigation went ahead anyway, with Delrahim personally writing to the automakers to inform them that the DOJ was examining their arrangement with California, Elias said.

The big picture: Elias will also testify that at the direction of Attorney General Bill Barr, the antitrust division launched 10 full-scale reviews of merger activity taking place in the cannabis industry that did not meet "established criteria for antitrust investigations."

  • "The rationale for doing so centered not on an antitrust analysis, but because [Barr] did not like the nature of their underlying business," Elias claims.

Read his full opening statement via DocumentCloud.

Go deeper

Romney slams Senate GOP's Biden investigation as a "political exercise"

Photo: Chip Somodevilla/Getty Images)

Sen. Mitt Romney (R-Utah) on Wednesday criticized his Republican colleagues on the Senate Homeland Security Committee for their probe into Joe Biden and his son's dealings in Ukraine, saying that it has the "earmarks of a political exercise."

Why it matters: Sen. Ron Johnson (R-Wis.), who is leading the investigation, told supporters on Monday that "in about a week we’re going to learn a whole lot more of Vice President Biden’s unfitness for office." The committee is investigating Hunter Biden's work for Ukrainian gas company Burisma at a time when Joe Biden was leading the Obama administration's Ukraine policy.

Updated 45 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Politics: Ex-FDA chief: Pence campaigning after COVID exposure puts others at risk — Mark Meadows: "We are not going to control the pandemic"— COVID-19 looms over White House Halloween celebrations.
  2. Health: 13 states set single-day coronavirus case records last week — Fauci says maybe we should mandate masks if people don't wear them — America was sick well before it ever got COVID-19.
  3. World: Italy tightens restrictions Spain declares new state of emergency.
Updated 50 mins ago - Health

13 states set single-day coronavirus case records last week

Data: Compiled by Axios; Map: Danielle Alberti/Axios

13 states set new highs last week for coronavirus infections recorded in a single day, according to the COVID Tracking Project (CTP) and state health departments. Kansas, Montana, North Dakota and Wyoming surpassed records from the previous week.

The big picture: The pandemic is getting worse again across the country, and daily coronavirus cases have risen in the U.S. for six straight weeks, according to a seven-day average tracked by Axios. The U.S. reported over 80,000 new cases on both Friday and Saturday.