By Elliott Brack
Editor and Publisher, GwinnettForum
SEPT. 9, 2022 | Backers of former President Donald Trump would like to see him exonerated and returned to office. Those who see danger in Mr. Trump want to see him come before a tribunal and face the music for his misdeeds.
But for two distinct reasons, it seems the wheels of justice are beginning to turn slower than we thought they might.
Just this week a federal judge, appointed by President Trump, granted his request for an outside party to study the highly classified documents taken by the Justice Department from his Florida seaside home and resort. This move, appealed by the Justice Department, seems to slow the criminal investigation of Mr. Trump for at least before the November elections, now just two months away.
This move serves to give some relief to U.S. Attorney General Merrick Garland, who was in the tricky position of considering whether to continue to pursue the former president’s alleged illegal removal of top- secret documents from the White House to his Florida home. With the judge’s ruling, Garland no longer has this problem of continuing the probe of Mr. Trump prior to the elections for the time being.
Prior to the judge’s order granting a delay in the investigation, the Biden Administration and Garland faced an unwritten law. That was something people in Washington called the “60 Day Rule,” which forbids overt action that might be construed as political and could influence the midterm elections. Now Mr. Garland is freed from having to make that decision.
However, that unwritten rule is one that has generally been observed in matters for the Justice Department. While it is unwritten and vague in detail, the manual of the Department says that the timing of any action “for the purpose of affect any election,” or to intentionally help or hurt a particular candidate or party should not happen. That seems to discourage any movement, though it may have been built to be deliberately vague.
What this unwritten element seeks to do is to prevent any sudden bombshell announcement that might influence how the people vote in a soon-to-be-held upcoming election. In reality, it’s part of the American long-held tradition of being fair to all sides. In some instances, it seems to go overboard in being overly fair to people suspected of doing wrong. But the overriding principle is that our government should be fair to all.
That didn’t happen, however, in 2016, regarding Hillary Clinton’s election campaign. FBI Director James Comey sent out a letter two weeks before the 2016 election, on October 28. The letter said that the FBI was pursuing options to review newly discovered emails that may be “pertinent” to the Clinton case. That might have significantly hurt the Clinton election chances, since it came so close to Election Day. And it certainly violated Washington’s “60 day rule.”
In the current political climate, the seizing of the Top Secret documents from President Trump’s residence is only one of many cases that face the former president. There is the ongoing January 6 insurrection investigation, currently on hold with congressional recess. However, there is no “60 day rule” governing the Congress.
There are several other elements facing President Trump. Some say that the investigation by the Fulton County Grand Jury about President Trump and his aides trying to change the outcome of the Georgia presidential election results may be the first case that will go to trial, quite possibly soon. There’s little doubt that Fulton County District Attorney Fani Williams plans to slow down her investigation because of the “60 Day Rule.”
Our country is going through awkward times, as events evolve around the antics of a disgraced president. The country will muddle through, abiding by lawful rules, giving any defendants their full freedoms.
The Constitution envisions speedy justice, not delay after delay to put things off as long as possible. Let’s move it along and see if our country can start to blow away the heavy fog of delay to get this national nightmare behind us and step forward in a more positive manner.
- Have a comment? Send to: elliott@brack.net
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