Former President Trump’s Claims of Justice Department Rules Against Prosecuting Candidates During Campaigns: A Factual Analysis
Former President Donald Trump recently asserted on Website social media integration that there are strict Justice Department rules prohibiting the prosecution of political opponents, including himself as a candidate, during their election campaigns. He also claimed that these rules apply to local district attorneys and state attorneys general, whom he referred to as “DOJ subservient ‘subsidiaries’”. However, these claims are not based on fact.
False Claims About Justice Department Rules
Three former federal prosecutors confirmed to CNN that there is no such rule in the Justice Department that prevents candidates from being prosecuted during their campaigns. In fact, there are written and unwritten rules that apply to federal investigations involving political candidates, but none of them forbid the prosecution of a candidate during an election season.
Unwritten Policies Against Indicting or Investigating Candidates Close to Elections
While there are informal Justice Department policies that urge caution before filing charges in the 60-90 days immediately before an election, these policies do not apply to already-indicted candidates. Trump was indicted “well outside this window,” and there is no automatic pause simply because a defendant is engaged in a political campaign. In fact, the federal Speedy Trial Act requires that the case be tried within a specified period of time once charges have been filed.
Trump’s Assertion About State and Local Prosecutors
Trump’s claim that the offices of state attorneys general and local district attorneys are “DOJ subservient ‘subsidiaries’” is also unfounded. These officials are not federal employees and are not subject to the Justice Department’s policies for federal prosecutors.
Conclusion
In summary, Trump’s claims about Justice Department rules against prosecuting candidates during their campaigns are false. There are no such rules, and local district attorneys and state attorneys general are not subject to the Justice Department’s policies regarding federal prosecutions.
