Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Pototan

(1,212 posts)
Wed Jan 18, 2023, 07:15 PM Jan 2023

How come nobody mentions the "60-Day" rule for DOJ about Biden?

All I ever heard during the investigations of Donald Trump was that the DOJ could take no action because of an unwritten rule about effecting the election 60 days prior to the mid-terms.

Of course, that didn't stop Comey from releasing a supposed investigation about Hillary 10 days before the 2016 election, and then 7 days later say "never mind". The result was catastrophic. Nearly every political pundit point to that decision tipping the election to Adolf Trump.

Now, fast forward to mid-terms 2022. Biden's attorneys discover classified documents in Biden's office and home. We don't know the level of classification, how they got there, who packed them and President Biden's level of knowledge, if any. Yet, the Repukes continue to say that the discovery of those documents should have been disclosed the day they were found and just days before the mid-terms.

It seems to me that the only obligation the Biden team had was to notify archives and the DOJ. The same 60-day prohibition that obligates DOJ should also apply to the executive branch. And that rule can't be just to protect Republicans.

17 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
How come nobody mentions the "60-Day" rule for DOJ about Biden? (Original Post) Pototan Jan 2023 OP
Good point! kentuck Jan 2023 #1
That only applied to the DOJ. The administration could communicate anything MichMan Jan 2023 #2
Lol TheRealNorth Jan 2023 #3
DOJ can't disclose because it effects election Pototan Jan 2023 #4
It could have been disclosed after the election by the White House. MichMan Jan 2023 #5
Oh, I don't disagree Pototan Jan 2023 #6
There was a LOT going on after the election, in case you don't remember. pnwmom Jan 2023 #11
Your post makes no sense Fiendish Thingy Jan 2023 #7
It is so unfair to resort to reason. Just A Box Of Rain Jan 2023 #9
Is actually reading the OP unfair, too? nt pnwmom Jan 2023 #13
You didn't read it correctly. The OP's question regards the initial announcement pnwmom Jan 2023 #12
You are correct. I got it wrong. Mea Culpa. Just A Box Of Rain Jan 2023 #15
But thought Rebl2 Jan 2023 #17
Bingo! happy feet Jan 2023 #8
K & R Duppers Jan 2023 #10
???? BumRushDaShow Jan 2023 #14
That's what Rebl2 Jan 2023 #16

TheRealNorth

(9,500 posts)
3. Lol
Wed Jan 18, 2023, 07:26 PM
Jan 2023

Like a Republican would have disclosed that. We can't even get TFG to cooperate with the national archives or the FBI, and mist if what has been spouted out of his camp is bullshit.

Pototan

(1,212 posts)
4. DOJ can't disclose because it effects election
Wed Jan 18, 2023, 07:28 PM
Jan 2023

The rule is in place so that an uncertain, preliminary discovery doesn't affect the outcome of an election.

We have no idea where these docs lead. And to disclose the finding of those Docs could have had the same affect that Comey did in disclosing the re-opening of the Clinton e-mail case. Then closing it 7 days later.

It is an unwritten rule for a reason and that reason doesn't change no matter which department it pertains to. The results would be the same.



MichMan

(11,988 posts)
5. It could have been disclosed after the election by the White House.
Wed Jan 18, 2023, 07:38 PM
Jan 2023

I agree that the DOJ shouldn't have done it before the election, but the administration could have done it a lot sooner than waiting until the media reports it and then reacting. IMO, they could have communicated a lot better to avoid the constant dribbling out of something day by day.

They should have already been prepared with a solid communication plan since they knew this was coming. Others may disagree and think their responses have been spot on.

Pototan

(1,212 posts)
6. Oh, I don't disagree
Wed Jan 18, 2023, 08:05 PM
Jan 2023

But my knowing, as a citizen, on Nov. 20th, Dec. 1, Dec 20th or Jan. 5th has little or no affect.

The fact that the Biden team disclosed the discovery immediately to Archives and DOJ has a huge effect. It follows all the guidelines upon the discovery of the items.

Here is what I have great faith in. Nothing that has happened will trigger an obstruction of justice charge against anyone in the Biden team.

My take on this, from what I know through the press is that the documents mostly are Biden's personal notes (or notes taken during VP Biden's private meetings by staff). They were placed in a folder marked "Personal Meetings" with classified markings on the inside pages or on the folder. As the packing was done, a staffer was told to put all of the Vice-President's personal stuff in a box. Those items were then stored with other personal items and discovered just recently by Biden's personal attorney and immediately disclosed to all the proper authorities. I confess that this is all my personal speculation.

Is the episode embarrassing? You betcha. Do I like explaining these details to MAGA moron acquaintances of mine? Hell no.

But it is what it is.

pnwmom

(109,000 posts)
11. There was a LOT going on after the election, in case you don't remember.
Wed Jan 18, 2023, 09:25 PM
Jan 2023

Like trying to get the budget passed; and the Jan 6 report being released.

Should the WH have let out a story that would have interfered with getting the budget passed -- and would have stomped all over the release of the Jan 6 report?

Not when they could truthfully point out that Trump NEVER acknowledged, for more than a YEAR, having dozens of boxes of classified and other materials at Mar a Lago. In January 2022, after a year of stonewalling the Archives, Trump secretly finally gave them 15 boxes. That fact only came out in February, in a WA Post story.

Fiendish Thingy

(15,669 posts)
7. Your post makes no sense
Wed Jan 18, 2023, 08:37 PM
Jan 2023

We aren’t 60 days away from an election, so there are no restrictions on DOJ actions regarding investigating Biden.

pnwmom

(109,000 posts)
12. You didn't read it correctly. The OP's question regards the initial announcement
Wed Jan 18, 2023, 09:28 PM
Jan 2023

of discovering records in the office -- which were found only a few days before the Nov 2022 election.

Trumpers are complaining that Biden didn't immediately announce that discovery, so the OP pointed to longstanding policies that the DOJ isn't supposed to make announcements that could affect the election

BumRushDaShow

(129,611 posts)
14. ????
Wed Jan 18, 2023, 09:32 PM
Jan 2023


That "Rule" is in relationship to an election and the revelation about what was found just before the election was only disclosed "publicly" AFTER the election.

Also the "Rule" actually SAYS that disclosures/actions MUST have an approval and sign off at the highest levels during an election period, NOT that they can't happen at all. Traditionally few things have risen to the level where they couldn't wait (often because of scheduling, etc).

I.e., if 45 had stood in the middle of 5th Ave. with a Faux Snooze camera filming it and shot someone a month before the election, no one in DOJ is going to suppress acting on that act of violence due to some upcoming "election".

ETA - even with what pnwmom is indicating, I think the whole discussion about the "60 day Rule" has been distorted and misrepresented just about everywhere and anything the GOP whines about is usually just nonsense.
Latest Discussions»General Discussion»How come nobody mentions ...