They've already been filed so prosecuting Trump in the lead up to the presidential election would not technically run afoul of those DOJ docs, like Jay Bratt said yesterday in the Mar-a-Lago case.
Does Merrick Garland want the perception of putting a former president on trial at a time when he will be his party's nominee? If Garland is hesitant to do so, then where's the line for when it becomes inappropriate to try Trump? Is it 60 days before an election? Is it 90 days before an election? There's no precedent for this situation.
If many CNN viewers are counting Honig to agree that it is appropriate for the DOJ to try Trump in the weeks leading up to the election, they are about to be hit by a curve ball.
You would never indict a candidate 14 days before an election.
Let me say that, again, any action with the election in mind, with the timing of the election in mind.
If prosecutors should never select any action with the timing of the election in mind that would include not just the investigative steps and the indictment but the actual trial as well.
Iran-Contra special prosecutor Lawrence Walsh re-indicted Reagan-era defense secretary Caspar Weinberger on the Friday night before the 1992 election.
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