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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Is the Justice Department's '60-day rule' for election-related cases written in law?

By Allegra Taylor
NO

The Justice Department often foregoes announcing new developments in a case or taking overt investigative steps within 60 days of an election, so as to avoid influencing it. But it's not a law.

The department, after examining the impact of various actions by FBI Director James Comey and others during 2016, reported that “the 60-day rule is not written or described in any department policy or regulation." Its 2018 report found "the most explicit policy" concerned crimes that could affect the integrity of the election itself, such as voter fraud. "There is generalized, unwritten guidance that prosecutors do not indict political candidates or use overt investigative methods in the weeks before an election."

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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