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Prosecution vs. politics: Can AG Garland pursue Trump probes without influencing the midterms?

Trump aides recently received a flurry of subpoenas and prosecutors call the Mar-a-Lago document probe urgent, but DOJ wants to avoid appearance of political prosecution.

Bart Jansen
USA TODAY
  • Garland said he would follow facts and law, but politics loom with midterms.
  • DOJ has tradition of not indicting political cases within 60 days of election, but not a firm rule.
  • Trump warns of "big problems" across the country if he is indicted.

WASHINGTON – As campaigns for the 2022 midterms and the investigations of Donald Trump each heat up, legal and political experts say Attorney General Merrick Garland must walk a tightrope between the two.

How does he oversee the inquiries without appearing to influence the elections?

Federal prosecutors traditionally try to avoid public disclosure of investigative steps in a political case within 60 days before an election. But a government watchdog debunked the policy in 2018, saying there is no Justice Department rule or regulation to delay investigations, just an informal practice.

Trump isn’t a candidate – yet. But he holds great influence over his supporters and his endorsements are coveted. He’s denied wrongdoing and said Thursday that there would be unspecified “big problems” if he were indicted.

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