Former President Donald Trump is falsely claiming that the Department of Justice has a “60-day rule” that prevents it from taking certain law enforcement actions against candidates in the lead-up to an election. Trump’s statement comes as he faces two federal indictments, one in Washington, DC, for efforts to overturn the 2020 election and another in Florida for allegedly hoarding classified documents. Despite Trump’s assertion, legal experts have confirmed that there is no specific prohibition on overt investigative steps within a particular period before an election.
The Justice Department’s inspector general has noted that while there is no formal policy in place, officials have generally adhered to an unwritten practice of avoiding overt law enforcement activities close to an election, typically within 60 or 90 days of Election Day. This guideline was put into the spotlight following former FBI Director James Comey’s decision to reopen an investigation into Hillary Clinton’s emails just 11 days before the 2016 election.
While Trump and other critics have questioned the timing of the indictments in relation to this guideline, legal scholars argue that it does not apply to actions like the filing of brand-new indictments after the 60-day window. In Trump’s case, as the indictments were filed prior to this period, the guideline theoretically would not be valid for the ongoing federal proceedings in Washington, DC, and Florida.
Furthermore, the guideline is limited to federal proceedings and does not impact state-level cases. Trump is facing upcoming sentencing in New York and a pending trial in Georgia, which are outside the scope of the 60-day rule. Ultimately, even if Trump’s claims were accurate, the timing of the indictments in his cases falls outside the 60-day window before the November election.
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