Former President Donald Trump has made a false claim that the Department of Justice has a “60-day rule” that prevents certain law enforcement actions against candidates leading up to an election. This claim comes as Trump faces two federal indictments, one in Washington, DC for trying to overturn the 2020 election and another in Florida for hoarding classified documents.
Legal experts have rejected Trump’s claim, stating that the guideline is unwritten and more of a best practice than a legal requirement. The guideline is typically followed to avoid law enforcement actions close to an election, but it does not prohibit necessary actions, especially if a candidate has already been charged.
In Trump’s case, the guideline would not apply to ongoing federal proceedings in Washington, DC and Florida since he was indicted before the 60-day window. The rule is also not valid for his upcoming sentencing in New York or the pending trial in Georgia as these are state-level proceedings.
Despite Trump’s assertion, the Department of Justice has not officially confirmed the existence of a “60-day rule.” Legal scholars maintain that the decision on when and how the guideline applies is left up to department officials. Furthermore, the timeline of Trump’s case does not align with his claim, as the updated indictment was filed 70 days before the November 5 election, not within the alleged 60-day window.
In conclusion, Trump’s claim of the “60-day rule” restricting the Justice Department’s actions before the election is not supported by legal experts or official Department of Justice policies. It remains to be seen how this misinformation will impact Trump’s ongoing legal battles.
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