Trump Reacts to Superseding Indictment

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unwritten internal DOJ rule

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DOJ policy

Law & Crime

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Trump is wrong about '60-day rule' and there's no 'legal remedy' anyway: Legal expert

Summary

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Former President Donald Trump was indicted in August 2023 on Espionage Act charges related to the Mar-a-Lago scandal.

On Tuesday , special counsel Jack Smith filed a superseding indictment charging former President Trump with the same offenses.

Trump responded to the Jan. 6 indictment by saying that the DOJ violated its own policy of not taking any action that will influence an election within 60 days of that election.

A George Washington University law professor says the rule doesn't apply to the case, but even if it did, it wouldn't “give Trump a legal remedy”.

Even if the rule applied, it’s not something that would hand Trump a “legal remedy” because compliance with a voluntary practice is “not binding or legally enforceable,” Eliason said.

The manual itself “expressly provides that these are internal policies and do not provide any rights to third parties”.

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