Justice Department official says no written policy bars investigative steps within 60 days of an election
United States Department of JusticeA Justice Department official, speaking on background in an emailed response to Dispute Index
Asked how the search squares with its election-year policy, a Justice Department official said no department rule bars investigative activity within 60 days of an election, that the 60-day rule is an informal practice, and that the governing Justice Manual provision turns on purpose, not proximity to Election Day.
“There is no Department rule or policy that bars investigative or prosecutorial activity within 60 days of an election. The "60-day rule" is an informal practice, not written policy. ... The standard is purpose, not proximity to Election Day. Department policy does not require the Department to stop ongoing work during an election season.”
Emailed statement
Read the full email
We stand by our statement. There is no Department rule or policy that bars investigative or prosecutorial activity within 60 days of an election. The "60-day rule" is an informal practice, not written policy. The governing provision, Justice Manual § 9-85.500, prohibits prosecutors and agents from choosing the timing of any action for the purpose of affecting an election or advantaging or disadvantaging a candidate or party. The standard is purpose, not proximity to Election Day. Department policy does not require the Department to stop ongoing work during an election season. Additionally, any action likely to raise that issue requires consultation with the Public Integrity Section.
Original text
Where this statement fits
Federal agents search Ilhan Omar's home weeks before the election; Democrats allege political targeting
Homeland Security Investigations agents searched Rep. Ilhan Omar's Washington home on October 12, 2026, under a warrant the Justice Department says a judge authorized. Omar and House Democratic leaders call the search political intimidation timed before the midterm election. Trump says the matter is up to the Justice Department.
Source and context
Emailed statement
Emailed statement from the Justice Department to Dispute Index on the timing of the search of Omar's home
We stand by our statement. There is no Department rule or policy that bars investigative or prosecutorial activity within 60 days of an election. The "60-day rule" is an informal practice, not written policy. The governing provision, Justice Manual § 9-85.500, prohibits prosecutors and agents from choosing the timing of any action for the purpose of affecting an election or advantaging or disadvantaging a candidate or party. The standard is purpose, not proximity to Election Day. Department policy does not require the Department to stop ongoing work during an election season. Additionally, any action likely to raise that issue requires consultation with the Public Integrity Section.
About this source
The Justice Department's Office of Public Affairs sent this reply to a Dispute Index request for comment. It said the department stands by its October 16 statement on the letter from Omar's lawyers, and it answered a question about the timing of the search on background, attributable to a Justice Department official. The link is to the Office of Public Affairs.
Original text
About this source
The Justice Manual provision on actions that may affect an election. It bars prosecutors and agents from selecting the timing of any action, including investigative steps, for the purpose of affecting an election, and requires consultation with the Public Integrity Section for any action likely to raise that issue.
Before the quotation
Dispute Index asked the Justice Department how it views the timing of the search, three weeks before the November 3 election, in light of its policy on investigative steps that could affect an election. The department's Office of Public Affairs said it stands by its October 16 statement on the letter from Omar's lawyers and answered this question on background.
After the quotation
The official said the governing provision, Justice Manual § 9-85.500, prohibits choosing the timing of any action for the purpose of affecting an election, and that any action likely to raise that issue requires consultation with the Public Integrity Section. The official did not say whether that consultation took place before the search.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is whether the federal search of Omar's home was politically motivated, as Omar and Democratic leaders allege. The official answers the timing objection by saying no written policy bars investigative steps close to an election and that the standard is purpose, not proximity, which defends the timing of the search, so we labeled it Defended or excused. The closest competing label is Challenged characterization, since it disputes the description of a 60-day rule; it loses because it is offered to justify the search going ahead three weeks before the election.
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The Dispute Index. "Justice Department official says no written policy bars investigative steps within 60 days of an election". First published: 2026-10-17. Last updated: 2026-10-17. https://disputeindex.com/events/5993-asked-how-the-search-squares-with-its-election