Trump's Presidential Run Shouldn't Deter Merrick Garland

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Trump's Presidential Run Shouldn't Deter Merrick Garland
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'What happens now to the federal investigations into Trump's conduct?' asks BarbMcQuade

states that prosecutors must always act with “fairness, neutrality, and non-partisanship.” For that reason, they are prohibited from “selecting the timing” of investigative steps or other action in a case “for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.” Most prosecutors read the memo broadly to prohibit taking steps not only “for the purpose of” affecting an election, but that will have theof doing so.

While this strategy may help him politically, it does not implicate the DOJ policy. Garland is unlikely to stand down this far before an election simply to prevent Trump from accusing him of partisanship. The earliest the policy would likely kick in is 60 days before the first primary election in January 2023, and even that is a matter of interpretation.provide that a special counsel should be appointed from outside the U.S.

Second, there is no precedent for appointing a special counsel to investigate a candidate for president, but there is precedent not to. When Hillary Clinton was investigated for mishandling classified information on her, no special counsel was appointed. On the other hand, appointing a special counsel to investigate anyone who announces their candidacy two years before election would create a dangerous precedent. Any natural-born citizen over the age of 35 can announce a campaign for president.

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