There is no policy at DOJ which prevents the taking of enforcement action — whether that is an overt investigative step or seeking the return of an indictment – which is linked to the number of days remaining before a scheduled election.

None. No policy. Not written down anywhere. Never cited. Never quoted. Never enforced.

DOJ Inspector General: "The 60-Day Rule is not written or described in any Department policy or regulation."

Preet Bharara, the former U.S. Attorney for the Southern District of New York, told us that the Department’s most explicit policy is about crimes that affect the integrity of an election, such as voter fraud, but that there is generalized, unwritten guidance that prosecutors do not indict political candidates or use overt investigative methods in the weeks before an election.

Attorney General Barr has said on multiple occasions that the Durham investigation is not examining possible criminal charges for anyone running for office. That satisfies the “unwritten guidance”.