Former President Donald Trump has falsely claimed that the Department of Justice is bound by a “60-day rule” preventing law enforcement actions against candidates close to an election. This claim comes as Trump faces two federal cases, one in Washington, DC for election interference and another in Florida for hoarding classified documents. Trump made the statement in response to an updated indictment in the DC case, but legal experts have rejected his interpretation.
The so-called “60-day rule” is an unwritten guideline followed by Justice Department officials to avoid overt law enforcement activities close to an election to prevent interference. However, this guideline is not a legal requirement and is only a best practice. It typically applies to major actions, like filing brand-new indictments, which would not include Trump’s existing cases.
In both the Washington, DC and Florida cases, Trump was indicted well before the 60-day window leading up to the election. Therefore, the guideline theoretically does not apply to these ongoing federal proceedings. The guideline is also not relevant to Trump’s upcoming sentencing in New York or his pending trial in Georgia, as they are state-level proceedings and not subject to the federal guideline.
Despite Trump’s claims that he is being treated unfairly due to this guideline, legal scholars have clarified that the rule is not legally binding and is left to the discretion of Justice Department officials. Trump’s assertion that the Justice Department is hamstrung in the lead-up to the election appears to be unfounded, as the 60-day guideline does not restrict ongoing federal proceedings against him.
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