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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsForbes: Here's why Trump's claims about the "60 day rule" are false.
The DOJ rule, which is really just a voluntary guideline and not a legal requirement, does not apply to a case that is already indicted and public, former federal prosecutor and George Washington University law professor Randall Eliason tweeted Tuesday. And with a Nov[ember] election, when it does apply, the cutoff is roughly Labor Day. Not there yet.
Trumps federal case for trying to overturn the 2020 election is now moving forward in federal court, though it wont be going to trial anytime soon. Prosecutors and Trumps lawyers will file reports by Friday laying out how they think the case should move forward from here, and U.S. District Judge Tanya Chutkan has scheduled a hearing for September 5 on how the case should proceed. Its likely Trumps lawyers will try to dismiss the charges against him outlined in the updated indictment, which will take a while to litigate before the case can go to trialand could end up before the Supreme Court again.
Before being discussed in connection with Trump, the 60-day rule gained attention in 2016 because of the federal investigation into then-candidate Hillary Clintons use of a private email server. James Comey, who led the FBI at the time, was viewed as violating the 60-day rule when he notified lawmakers in October 2016 that investigators were examining emails that appear pertinent to its investigation, after discovering them as part of a separate probe into former congressman Anthony Weiner. Comey defended his actions by claiming he felt an obligation to inform lawmakers testified repeatedly in recent months that our investigation was completed, also claiming it would be misleading to the American people were we not to supplement the record. In a 2018 inspector general report on the controversy, former DOJ officials said there isnt a magic 60- or 90-day rule, but the closer you get to the election the more fraught it is, and disclosed that the DOJ had decided against formally codifying the 60-day rule before the 2016 election, claiming that would be unworkable.
Trumps federal case for trying to overturn the 2020 election is now moving forward in federal court, though it wont be going to trial anytime soon. Prosecutors and Trumps lawyers will file reports by Friday laying out how they think the case should move forward from here, and U.S. District Judge Tanya Chutkan has scheduled a hearing for September 5 on how the case should proceed. Its likely Trumps lawyers will try to dismiss the charges against him outlined in the updated indictment, which will take a while to litigate before the case can go to trialand could end up before the Supreme Court again.
Before being discussed in connection with Trump, the 60-day rule gained attention in 2016 because of the federal investigation into then-candidate Hillary Clintons use of a private email server. James Comey, who led the FBI at the time, was viewed as violating the 60-day rule when he notified lawmakers in October 2016 that investigators were examining emails that appear pertinent to its investigation, after discovering them as part of a separate probe into former congressman Anthony Weiner. Comey defended his actions by claiming he felt an obligation to inform lawmakers testified repeatedly in recent months that our investigation was completed, also claiming it would be misleading to the American people were we not to supplement the record. In a 2018 inspector general report on the controversy, former DOJ officials said there isnt a magic 60- or 90-day rule, but the closer you get to the election the more fraught it is, and disclosed that the DOJ had decided against formally codifying the 60-day rule before the 2016 election, claiming that would be unworkable.
https://www.forbes.com/sites/alisondurkee/2024/08/28/trump-claims-jack-smith-couldnt-file-updated-indictment-before-election-heres-why-thats-false/
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Forbes: Here's why Trump's claims about the "60 day rule" are false. (Original Post)
pnwmom
Aug 2024
OP
Forbes has a Youtube channel that shows up on my feed regularly...chock full of lies and propaganda of the worst sort.
pecosbob
Aug 2024
#5
Arne
(3,609 posts)2. Here's a rule, and it's actually clear in the constitution.
An insurrectionist cannot run for office.
Much less win the presidency.
Mark.b2
(807 posts)3. St. Comey broke that precendence years ago. nt
pecosbob
(8,489 posts)5. Forbes has a Youtube channel that shows up on my feed regularly...chock full of lies and propaganda of the worst sort.
pnwmom
(110,323 posts)8. If that's true then you should share this piece in your encounters with MAGA people
who are repeating Trump's lies about the 60 day non-rule.
Think. Again.
(22,456 posts)6. Here's a rule..
The doj should not engage in election intereference by including anything election-related, such as election schedules, in their law enforcement decision making.
malaise
(297,903 posts)7. Eff the CONvicted felon
Times up scoundrel
duncang
(3,767 posts)9. But....
All of these cases started way back. None of these were just brought up the are essentially the same case. Get out of jail free cards shouldnt be passed out just because its close to the election.
durablend
(9,363 posts)10. Lock him up already
Tired of hearing his excuses