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Salon
Salon
Politics
Henry L. Chambers Jr.

What's up with the DOJ election rule?

U.S. Attorney General Merrick Garland explains to reporters that he will not take questions after he delivered a statement at the U.S. Department of Justice August 11, 2022 in Washington, DC. (Drew Angerer/Getty Images)

As the 2022 midterm campaigns approach Election Day on Nov. 8, a federal probe into former President Donald Trump's handling of classified documents is testing an unwritten policy of the U.S. Justice Department.

Some legal analysts have suggested that the so-called 60-day rule requires federal prosecutors to delay public actions during the final stages of an election to avoid influencing the perceptions of a candidate — or tipping the scale for or against a political party.

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