Former President Donald Trump has recently claimed that the Department of Justice is bound by a “60-day rule” that prevents them from taking certain law enforcement actions against candidates in the 60 days leading up to an election. This claim comes as Trump is facing two federal indictments – one related to his efforts to overturn the 2020 election, and another for allegedly hoarding classified documents in Florida.
Legal experts have debunked Trump’s claim, stating that there is no official policy within the DOJ that prohibits investigative steps close to an election. While there is an unwritten guideline to avoid overt law enforcement actions leading up to an election, this is not a legal requirement and is up to the discretion of department officials.
Trump’s assertion that this guideline should apply to his federal cases in Washington, DC, and Florida has been refuted by prosecutors, as he was indicted long before the 60-day window leading up to the election. Additionally, the guideline only pertains to federal cases, not state-level proceedings like Trump’s upcoming sentencing in New York or pending trial in Georgia.
Ultimately, the 60-day rule would not apply to Trump’s federal cases, even if it did exist as he claims. The updated indictment in his federal election case was filed 70 days before the November 5 vote, further diminishing the validity of his argument. Despite Trump’s assertions, legal experts maintain that he cannot claim unfair treatment based on a guideline that is not an official policy.
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