Is there a ’60-day rule’ in the US elections? What to know in 500 words

EXPLAINER

Trump falsely claims the Justice Department is hamstrung successful the lead-up to November’s ballot arsenic helium stares down 2 national cases.

Former President Donald Trump has said the Department of Justine has a “60-day rule” that prevents it from taking definite instrumentality enforcement actions against candidates successful the run-up to a United States election.

If Trump’s connection were correct, it would person wide-ranging implications arsenic helium stares down 2 national indictments: 1 successful Washington, DC, for efforts to overturn the 2020 election, and different successful Florida for allegedly hoarding classified documents.

Friday marks 60 days until the statesmanlike predetermination connected November 5. So what are the facts down the claim?

What did Trump say?

Trump invoked the “60-day rule” portion responding to an updated indictment filed past period successful the national predetermination lawsuit successful Washington, DC.

“It is DOJ argumentation that the Department of Justice should not instrumentality immoderate enactment that volition power an predetermination wrong 60 days of that predetermination – but they conscionable person taken specified action,” Trump wrote connected Truth Social.

Others person since echoed that criticism. Last week, Judge Aileen Cannon, a Trump appointee, questioned national prosecutors successful the Florida lawsuit astir whether holding a proceedings earlier the predetermination would interruption the rule.

Legal experts, however, person rejected that position. And Jay Bratt, a national authoritative successful the Florida case, told Cannon that, since Trump had already been charged, nary regularisation oregon norm would beryllium violated.

So what was Trump talking about?

Trump was referring to an unwritten — and admittedly vague — line that Justice Department officials person adopted implicit the years.

A 2018 study from the Justice Department’s inspector wide intelligibly states: “No Department argumentation contains a circumstantial prohibition connected overt investigative steps wrong a peculiar play earlier an election.”

Still, it noted that galore officials person adhered to “a longstanding unwritten signifier to debar overt instrumentality enforcement and prosecutorial activities adjacent to an election, typically wrong 60 oregon 90 days of Election Day”.

The study probed the determination by erstwhile FBI manager James Comey to reopen an probe into Democratic campaigner Hillary Clinton’s emails conscionable 11 days earlier the 2016 election.

Comey aboriginal said avoiding actions that could interaction the predetermination was a “very important norm”.

Does Trump person immoderate recourse?

No. Because the line is unwritten, it is simply a champion signifier alternatively than a ineligible requirement. When and however the line applies is up to section officials.

Legal scholars person further argued that Trump cannot assertion helium was being treated unfairly due to the fact that the line lone applies to large actions, similar the filing of brand-new indictments.

Because Trump had been indicted agelong earlier the 60-day window, the line would theoretically not use to the ongoing national proceedings successful Washington, DC, and Florida.

The line is besides not valid for Trump’s upcoming sentencing successful New York oregon the pending proceedings successful Georgia: Both of which are state-level proceedings, whereas the line is strictly federal.

Finally, Trump whitethorn request to cheque his math. Even if helium were close astir the rule, Special Counsel Jack Smith filed the updated indictment connected August 27. That is 70 days retired from the November 5 vote.