The Justice Department Goes Quiet 60 Days Before an Election
Prosecutors are barred from timing their actions to influence the outcome.
Reuters World News · Saudi alert system, IMF outlook and French fridge hackFor roughly 60 days before an election, the Justice Department has historically avoided investigations involving candidates, so law enforcement does not affect the outcome.
The caution is also written policy, which bars prosecutors from timing their actions to influence an election.
The timing rule drew fresh attention after immigration agents searched the Washington home before dawn of Ilhan Omar, a Democratic congresswoman who arrived in the United States from Somalia as a young girl. Someone with knowledge of the case says investigators are examining in part immigration forms filled in by her late father during her childhood. Omar, a frequent critic of President Donald Trump, contends officials are turning government power against a political adversary, while Trump says he played no role in the matter. Democrats questioned why the search took place so close to the vote, with midterm balloting scheduled for November 3rd.
Questions people ask
Is the 60-day quiet period a law?
No. It is a longstanding Justice Department norm and internal policy, not a statute passed by Congress. Prosecutors who violate it can face internal discipline, but an indictment or search would not automatically become invalid.
Do investigations stop completely before an election?
Generally no. Investigators can keep working quietly, reviewing documents and interviewing witnesses behind closed doors. What they traditionally avoid are public steps, such as arrests, searches, or charges involving candidates, that voters might notice.