Former President Donald Trump has sparked controversy by falsely claiming that the Department of Justice is bound by a “60-day rule” that restricts law enforcement actions in the run-up to an election. Trump made this statement as he faces two federal cases, one in Washington, DC for allegedly trying to overturn the 2020 election, and another in Florida for hoarding classified documents.
Despite Trump’s assertion, legal experts have debunked this claim, stating that there is no official policy prohibiting investigative steps close to an election. The guideline is merely an unwritten practice followed by some officials to avoid influencing an election, typically within 60 or 90 days of Election Day.
While Judge Aileen Cannon questioned federal prosecutors in the Florida case about adhering to this guideline, it is not a legal requirement, but rather a best practice. Experts argue that since Trump had been indicted before the 60-day window, the guideline would not apply to the ongoing federal proceedings in Washington, DC and Florida.
Additionally, the guideline does not extend to Trump’s upcoming sentencing in New York or his pending trial in Georgia, as these are state-level proceedings. Trump’s assertion is also flawed in terms of timing, as the updated indictment was filed 70 days before the November 5 election, not within the supposed 60-day window.
Ultimately, Trump’s claim of being unfairly treated due to this unwritten guideline holds no legal weight, and it is up to Department of Justice officials to determine when and how to apply it. The guideline’s focus is on major actions like filing new indictments, rather than ongoing proceedings involving indicted individuals like Trump.
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