Former President Donald Trump has made a false claim that the Department of Justice has a “60-day rule” preventing law enforcement actions against candidates close to an election. This claim comes as Trump faces two federal indictments in Washington, DC, and Florida.
Trump mentioned this guideline when responding to an updated indictment in the federal election case in Washington, DC. However, legal experts have stated that there is no specific prohibition on investigative steps close to an election in DOJ policy. The 60-day rule is an unwritten guideline that many officials have followed to avoid impacting elections, but it is not a legal requirement.
Despite Trump’s claims, this guideline would not apply to his federal cases as he was indicted long before the 60-day window. It also does not apply to his upcoming sentencing in New York or the pending trial in Georgia, as these are state-level proceedings. Special Counsel Jack Smith filed the updated indictment more than 60 days before the November 5 election, further undermining Trump’s argument.
The guideline is considered a best practice and its application is up to department officials. Trump’s attempt to use it as a defense in his federal cases is unlikely to succeed, as legal scholars have rejected his interpretation of the rule. Trump’s claims of being unfairly treated due to the guideline are not supported by legal precedent.
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