Former President Donald Trump recently claimed that the Department of Justice is restricted by a “60-day rule” that prohibits certain law enforcement actions close to an election, as he faces two federal indictments. Trump’s comments came in response to an updated indictment in a federal election case in Washington, DC, and have been echoed by others, including a judge in the Florida case. However, legal experts have refuted this claim, stating that the guideline is an unwritten practice rather than a legal requirement.
The Justice Department’s inspector general has indicated that there is no specific policy prohibiting investigative steps before an election, but many officials have followed a practice of avoiding law enforcement activities close to an election. This practice was highlighted in a 2018 report investigating former FBI director James Comey’s actions leading up to the 2016 election. The guideline is seen as a best practice and is up to department officials to interpret and apply.
In Trump’s case, the guideline would not prevent ongoing federal proceedings in Washington, DC, and Florida as he was indicted prior to the 60-day window. Additionally, the guideline does not apply to state-level proceedings in New York and Georgia, where Trump is also facing legal challenges. Regardless, Trump’s claim of being unfairly treated due to the guideline is refuted by legal scholars.
Ultimately, the “60-day rule” cited by Trump is an unwritten guideline that is not legally binding, leaving it up to department officials to determine when and how it should be applied. Despite Trump’s assertions, the guideline would not impact the current federal cases against him, and his upcoming legal battles in New York and Georgia would not be subject to this practice.
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