Former President Donald Trump has made the false claim that the Department of Justice is restricted from taking law enforcement actions against candidates within 60 days of an election, as he faces federal indictments in Washington, DC and Florida. Trump’s statement comes as the presidential election is only 60 days away on November 5.
While Trump and others have criticized federal prosecutors for moving forward with cases against him close to the election, legal experts have debunked the notion of a “60-day rule”. This unwritten guideline is based on a longstanding practice to avoid overt law enforcement activities close to an election, but it is not a legal requirement and is up to department officials to interpret and apply.
In Trump’s case, the guideline theoretically would not apply as he had already been charged before the 60-day window leading up to the election. Furthermore, the guideline only pertains to federal actions, not state-level proceedings, such as those Trump faces in New York and Georgia.
Trump’s claim of unfair treatment due to the guideline is also unfounded, as it is meant to prevent major actions like the filing of new indictments, not ongoing federal proceedings. In fact, the most recent indictment against Trump was filed 70 days before the election, not within the purported 60-day window.
As Trump continues to face legal challenges on multiple fronts, it remains to be seen how the unwritten “60-day rule” will impact the timing and outcomes of his cases.
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