Trump Claims DOJ Breached Policy With New Indictment

 August 28, 2024

Former President Donald Trump has accused the Department of Justice of violating its own policy by filing a superseding indictment against him close to the upcoming presidential election.

According to the Washington Examiner, Trump argues that this action interferes with the election process and goes against the DOJ's established guidelines.

The controversy stems from Special Counsel Jack Smith's recent filing of a shortened version of a previous indictment related to Trump's role in the January 6 riot. This new indictment follows a landmark Supreme Court ruling that outlined the protected actions of a president. Trump contends that the timing of this filing breaches the DOJ's policy of avoiding actions that could influence elections within 60 days of voting.

Trump's Allegations Of Election Interference

Trump took to his social media platform, Truth Social, to voice his concerns about the DOJ's actions. He argued that the department has a policy against taking actions that could influence an election within 60 days of that event. The former president pointed out that voting begins on September 6th, which falls within this 60-day window.

In his post, Trump stated:

It is DOJ policy that the Department of Justice should not take any action that will influence an election within 60 days of that election – but they just have taken such action. Voting starts on September 6th, therefore the DOJ has violated its own policy – Election Interference. All of these Comrade Kamala/Biden Hoaxes should be immediately DISMISSED!

Trump's criticism extends beyond the timing of the indictment. He has characterized Smith's actions as an "act of desperation" and an attempt to "save face."

DOJ Policies And Election Proximity

The Department of Justice indeed has written rules regarding actions that could affect elections. These guidelines prohibit federal prosecutors and agents from timing their actions, including investigative steps, criminal charges, or statements, in a way that could advantage or disadvantage any candidate or political party.

However, it's important to note that the DOJ's written rules do not explicitly mention a 60-day restriction period. The concept of a "blackout" period, typically lasting 60 days before an election, is a separate policy that Trump seems to be referencing in his allegations.

The DOJ's actual policy focuses on preventing the intentional use of timing to influence elections rather than imposing a strict timeline for all actions.

Special Counsel's Justification For New Indictment

Special Counsel Jack Smith's team has provided reasoning for the new indictment in a 36-page document. They state that the updated filing "reflects the Government's efforts to respect and implement the Supreme Court's holdings and remand instructions in Trump v. United States."

This explanation suggests that the superseding indictment is not an attempt to influence the election but rather a necessary adjustment following the Supreme Court's recent ruling on presidential actions.

The new indictment is a shortened version of the previous one, taking into account the Supreme Court's decision that outlined which presidential actions are protected.

Conclusion

Fformer President Donald Trump has accused the Department of Justice of violating its own policy by filing a superseding indictment against him close to the upcoming election. He argues this constitutes election interference and calls for the dismissal of the charges. The DOJ's actual policy focuses on preventing intentional influence on elections rather than imposing strict timelines. Special Counsel Jack Smith's team justifies the new indictment as a response to recent Supreme Court rulings.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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