Former President Donald Trump is currently facing two prosecutions from a federal special counsel and two from local district attorneys. On Monday, Trump took to social media to assert that all four prosecutions violate strict Justice Department rules, as he is a presidential candidate. He demanded that these prosecutions be halted “IMMEDIATELY.”
Trump stated, “The Very Strict Rules and Regulations of the Department of Injustice STATE CLEARLY that you can’t prosecute a Political Opponent, or anyone, RIGHT IN THE MIDDLE OF HIS/HER CAMPAIGN.” He further claimed that these supposed Justice Department rules also apply to local district attorneys and state attorneys general, referring to them as “DOJ subservient ‘subsidiaries.’”
Facts First: Trump’s Claims are Unfounded
Trump’s assertions are incorrect. There is no Justice Department rule or regulation that prevents a candidate from being prosecuted during their election campaign, as confirmed by three former federal prosecutors to CNN. Furthermore, even if such a federal policy existed, Trump would be mistaken to assert that it applies to local district attorneys or state attorneys general. These officials are not federal employees and are not subject to the Justice Department’s policies for federal prosecutors.
No Such Justice Department Policy Exists
There are both written and unwritten Justice Department rules that apply to federal investigations involving political candidates. However, none of these rules state anything similar to what Trump claimed.
“There is no rule that prohibits the Department of Justice from prosecuting a case – particularly a case that has already been indicted – during an election season,” said Mary McCord, a former federal prosecutor who served as a senior Justice Department official under President Barack Obama and during the first months of the Trump administration.
The Justice Department has a written policy that states “federal prosecutors and agents may never select the timing of any 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.” Despite Trump’s repeated claims, there is no evidence that the department has deliberately timed any of its actions to harm his campaign.
Trump’s Baseless Claim about ‘Subsidiaries’
Trump’s assertion that the offices of state attorneys general and local district attorneys are “subservient ‘subsidiaries’” of the Justice Department, and therefore subject to the department’s policies, is pure fiction. These officials are not federal employees and are not governed by the Justice Department’s internal regulations.
This Trump claim is in line with his repeated false claims that the Justice Department is responsible for bringing all of his cases – including a civil fraud case that was actually brought by New York’s state attorney general and the criminal prosecutions that were actually brought under state law by elected Democratic district attorneys in Manhattan, New York and Fulton County, Georgia.
Trump has pointed to the fact that a former senior Justice Department official went to work for the Manhattan district attorney in 2022. There is no evidence the Justice Department itself had anything to do with this employment decision or that the department itself is orchestrating that case – let alone the separate cases being run by the New York attorney general and the Fulton County district attorney.
CNN’s Marshall Cohen and Katelyn Polantz contributed to this article.