Former President Donald Trump argued that the Department of Justice “violated its own policy” by filing a superseding indictment against him so close to the presidential election.
Special counsel Jack Smith filed a shortened version of a previous indictment related to Trump’s role in the Jan. 6 riot, which was affected by the landmark July 1 Supreme Court ruling that outlined the protected actions of a president. Trump alleged that the DOJ had violated its own policy through the superseding indictment.
“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,” he said in a post on Truth Social. “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!”
The DOJ has written rules stating federal prosecutors and agents cannot use the timing of an action, “including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.” However, the rules do not mention a 60-day restriction period.
Trump was likely referring to a DOJ policy regarding a “blackout” period, typically 60 days, ahead of elections.
In a 36-page document, Smith’s team said that the new indictment “reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions in Trump v. United States.”
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Trump had previously attacked Smith over the indictment, calling it an “act of desperation” and an attempt for Smith to “save face.”
“This is merely an attempt to INTERFERE WITH THE ELECTION, and distract the American People from the catastrophes Kamala Harris has inflicted on our Nation, like the Border Invasion, Migrant Crime, Rampant Inflation, the threat of World War III, and more,” he added.