Former President Donald Trump’s assertion that strict Justice Department (DOJ) rules forbid the prosecution of political candidates during an election campaign has been met with resounding disapproval from legal experts and former federal prosecutors. These claims, disseminated widely on social media, suggest that current prosecutions against him should be halted due to his presidential candidacy. However, Trump’s position not only lacks a basis in existing DOJ policy but also misinterprets the autonomy of state legal proceedings.
Trump’s contention, as shared on social media, states, “The Very Strict Rules and Regulations of the Department of Injustice STATE CLEARLY that you can’t prosecute a Political Opponent, or anyone, RIGHT IN THE MIDDLE OF HIS/HER CAMPAIGN.” He further stretches this inaccurate claim to include local district attorneys and state attorneys general, calling them “DOJ subservient ‘subsidiaries’.”
Contrary to these pronouncements, no DOJ rule exists that prohibits the prosecution of candidates during their campaign. Mary McCord, a seasoned former federal prosecutor, clarified, “There is no rule that prohibits the Department of Justice from prosecuting a case – particularly a case that has already been indicted – during an election season.”
DOJ guidelines do caution against timing actions in a manner that might affect elections or confer any advantage or disadvantage to a candidate or political party. Yet, this guidance does not translate into a blanket ban on prosecutions during a campaign. It’s noteworthy that the Justice Department cannot control when trials commence post-indictment, as federal judges set these schedules, not prosecutors. Elie Honig, a CNN senior legal analyst and former federal prosecutor, underscored this separation, stating, “Trial dates are in the control of judges, not prosecutors, and there’s no blanket prohibition on carrying through with an ongoing case during an election.”
Even within the federal framework, there are historical precedents of candidates facing trials during election periods, such as the Senator Ted Stevens. State attorneys general and district attorneys operate independently of the DOJ and are not subject to its internal regulations, further undercutting Trump’s claims.
The Justice Department’s written and unwritten policies have been adhered to in spirit and letter, and none suggest the cessation of legal proceedings against political candidates as Trump insists. The Department’s policy to avoid influencing elections through investigative or prosecutorial actions does not equate to halting duly initiated trials.
In the backdrop of Trump’s allegations, there is the overarching legal stance that no individual, irrespective of their political aspirations, is above the law. Former federal prosecutor Jessica Roth remarked on the nature of these DOJ policies, saying that they “urge particular caution before filing charges in the 60-90 days immediately before an election.” She highlighted that Trump was indicted well outside the 60-day window, which does not require an “automatic pause” due to his political campaigning.
Relevant articles:
– Fact check: Trump falsely claims Justice Department rules say candidates can’t be prosecuted in the middle of a campaign
– Trump Claims ‘Strict Rules’ Block DOJ From Prosecuting Him. Here’s Why Experts Say That’s Wrong., Forbes, Mon, 26 Feb 2024 16:48:55 GMT
– Trump Not Immune From Prosecution in Election Subversion Case, US Appeals Court Rules, Voice of America – VOA News, Tue, 06 Feb 2024 08:00:00 GMT
– US Supreme Court asked to quickly rule on Trump claims of presidential immunity • Ohio Capital Journal, Ohio Capital Journal, Wed, 13 Dec 2023 08:00:00 GMT