Donald Trump Claims DOJ 'Violated' its Own Policy by Filing Indictment Against Him in Jan 6 Riots

Washington: Former US President Doanld Trump argued that the Department of Justice (DOJ) had violated its policy by filing a superseding indictment against him so close to the Presidential elections.

This comes as special counsel Jack Smith filed a revised, shorter version of the previous indictment concerning Trump's involvement in the January 6 attack, after the Supreme Court ruling on July 1, which clarified the extent of a president's protected actions. However, Trump claimed that the DOJ breached its own policies with this updated indictment.

"It is DOJ policy that the Department of Justice should not take any action that will influence an election within 60 days of that election – but they just have taken such action," he said in a post on Truth Social. "

"Voting starts on September 6th, therefore the DOJ has violated its own policy – Election Interference. All of these Comrade Kamala/Biden Hoaxes should be immediately DISMISSED!" he said.

The DOJ has written rules stating the federal prosecutors and agents cannot use the timing of an action, "including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party."

However, these rules do not mention a 60-day restriction period. Trump likely referred to a DOJ policy regarding a "blackout”" period, typically 60 days, ahead of elections.

The new indictment removes a section of the indictment that had accused ther former US president of trying to use the law enforcement powers of the Justice Department to overturn his election loss, an area of conduct for which the Supreme Court, in a 6-3 opinion last month, said that Trump was immune from prosecution.

This stripped-down criminal case represents a first effort by prosecutors to comply with a top court opinion likely to result in a significant revision of the allegations against Trump over his efforts to block the peaceful transfer of power.

The case was filed three days ahead of a deadline for prosecutors and defence lawyers to tell the judge in the case how they wanted to proceed in light of that opinion, which said former presidents are presumptively immune from prosecution for official White House acts.

(Inputs from AP)