Former President Donald Trump recently referenced a “60-day rule” that he claims restricts the Department of Justice (DOJ) from taking law enforcement actions against candidates close to a U.S. election. Trump invoked this rule in response to an updated indictment in his federal election case in Washington, D.C., asserting that the DOJ had violated its own policy.
Trump’s claim refers to an unwritten guideline that Justice Department officials have followed over the years, though it is not a formal policy. A 2018 report from the DOJ’s inspector general confirmed that no specific department policy prohibits investigative steps within a set period before an election. However, the report acknowledged a “longstanding unwritten practice” to avoid major law enforcement actions within 60 to 90 days of Election Day.
This guideline, though often respected, is not a legal obligation, and its application depends on the discretion of DOJ officials. Legal experts have pointed out that, since Trump was already indicted well before the 60-day window, the guideline does not apply to his ongoing federal cases. Additionally, the guideline is limited to federal actions and does not extend to state-level cases, such as Trump’s proceedings in New York or Georgia.
In summary, while Trump referenced a longstanding practice, it does not provide him with legal recourse, and the DOJ’s actions do not appear to violate any official rule.
