Brief History of the Justice Dept.'s '60-Day Rule' (Which Doesn't Say 60 Days)
(excerpt)
But the “60-day rule” is a bit of a misnomer, because there is no written deadline. "Nevertheless, the department has a longstanding unwritten practice to avoid overt law enforcement and prosecutorial activities close to an election, typically within 60 or 90 days of Election Day,” the Justice Department’s inspector general, Michael Horowitz, said in a 2018 review of the policy.
*snip*
President Bush's attorney general, Michael Mukasey, issued the first “Election Year Sensitivities” memo to all DoJ employees in March 2008, advising them that politics should play no part in the timing of criminal charges, and that indictments should never be brought “for the purpose of” affecting an election.
One meme from one AG should not and does not constrain an AG in the future to follow that memo. It's not policy and memos, at least where I come from, have a shelf life.
If they had wanted it to be written policy, they should have, could have, and would have made it written policy.
They did not.
But it sure will give the derps something to whine about. And they surely will, no matter when indictments come down. We are no longer surprised by any derp action or reaction, and they are safely ignored.
I will concede this one point. There is a term 'past practice' that is sometimes used in labor disputes, whether there is a written policy or not.
I'll let the lawyers figure that one out. And they just may have to, cause there's a storm a-comin'.
Sidenote:
Technically speaking, every year is an 'election year', so with that in mind and a strict interpretation of this so called policy, there would be very short windows to enforce the law against any crime that was politically connected in any way. The derps are very good at these type of subversions.
