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Former FBI Director Robert Mueller testifies before a Senate Judiciary Committee hearing in Dirksen Building on oversight ...

AP Fact Check: Mueller doesn’t have a deadline for the Russia investigation

WASHINGTON (AP) — Deadlines? What deadlines?

For months, President Donald Trump and his allies have said the special counsel needs to wrap up his Russia investigation within 60 days of the midterm elections in November, citing a Justice Department policy.

READ MORE: The giant timeline of everything Russia, Trump and the investigations

But in fact, special counsel Robert Mueller faces no time limit on his investigation. He can continue the probe — and even issue new indictments — right up to Nov. 6 and beyond.

Here’s a look at what’s ahead, and what’s not, for the investigation:


Mueller faces no deadline, legal or otherwise, for finishing or releasing the findings of his probe. He can continue investigating, subpoenaing documents, interviewing witnesses past the Nov. 6 election.


The only thing that’s changed is that Labor Day kicked off high election season in the battle for control of the House and Senate. So any action by Mueller between now and the Nov. 6 voting risks being seen as an effort to affect the outcome. That’s why the Justice Department has issued guidelines designed to keep about the sensitivity of investigations in the run-up to elections.


U.S. President Donald Trump delivers remarks before signing an executive order on strengthening retirement security in America at Harris Conference Center in Charlotte, NC, U.S., August 31, 2018. REUTERS/Yuri Gripas

President Donald Trump and his allies have said the special counsel needs to wrap up his Russia investigation within 60 days of the midterm elections in November, citing a Justice Department policy. REUTERS/Yuri Gripas

There is no policy that sets a 60-day pause in which the Justice Department is barred from investigating. Nor is there a cutoff date for an investigation to wrap up.

But Justice Department guidance issued over the past decade has been interpreted to mean that investigators, if possible, should avoid taking specific investigative actions — such as indicting candidates or raiding their office — in the run-up to an election.

“Law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party,” one such memo from 2012 states.

But the policy does not impose a specific cut-off date for investigations before an election. It does not require prosecutors — as some Trump supporters, including lawyer Rudy Giuliani, have suggested — to put an investigation on hold in the period before voters head to the polls.

The Justice Department’s independent inspector general stated in a June report on the Hillary Clinton email investigation that former officials they interviewed did cite a so-called 60-day rule in which prosecutors avoid public disclosures of investigative steps against a candidate.

But, the report said, “the 60-Day Rule is not written or described in any department policy or regulation.”

“I look at it sort of differently than 60 days,” former Deputy Attorney General Sally Yates is quoted in the report as having said. “To me if it were 90 days off, and you think it has a significant chance of impacting an election, unless there’s a reason you need to take that action, now you don’t do it.”


Former FBI Director Comey testifies before a Senate Intelligence Committee hearing in Washington

Democrats blamed former FBI Director James Comey’s late disclosure of an investigation for costing Clinton the 2016 election. File photo by REUTERS/Jonathan Ernst.

These same issues surfaced within the FBI and Justice Department when agents, just weeks before the 2016 presidential election, discovered a new batch of Hillary Clinton emails that they considered relevant to their investigation into her use of a private email server.

Then-FBI Director James Comey decided to alert Congress to the emails just nine days before the election, saying he had a duty to update lawmakers after having previously told them that the FBI’s work was done.

He followed up two days before the election to say that nothing in the new email batch had changed the original conclusion. But many Democrats blamed Comey’s late disclosure for costing Clinton the election and said he shouldn’t have spoken out publicly so soon before the race — especially when the FBI didn’t even know what was in the email batch.


Mueller is only required by law to deliver a final report to Deputy Attorney General Rod Rosenstein, who has been in charge of the probe since Attorney General Jeff Sessions recused himself. Rosenstein could release the contents or withhold them.


The latest AP-NORC poll, conducted mid-August, found that approval of Trump’s handling of the Russia investigation mirrors his approval ratings overall: A third support the president’s actions, while 65 percent say they disapprove.

The results of PBS NewsHour's latest poll with marist

Some 70 percent of people surveyed in a recent PBS Newshour/NPR/Marist poll say they believe Russia interfered in the 2016 elections.

Other polling organizations have found a somewhat larger share of the public expressing approval of Mueller’s handling of the investigation. In August, a CNN poll found 47 percent approved. A sizeable share — 58 percent — said they think the efforts are a serious matter that should be fully investigated. At the same time, about two-thirds said Mueller should try to complete his investigation before the midterm elections — including majorities in both parties.


By all accounts, the man driving everything is a methodical and apolitical figure. He has not engaged with Trump or his allies, even as they mock the Russia probe as a “WITCH HUNT.” Trump has tweeted that and more, including his constant mantra on Twitter and elsewhere that there was “NO COLLUSION.”

Mueller’s team has repeatedly surprised Trump’s team with indictments, immunity pleas and testimony of those close to the president. White House Counsel Don McGahn spoke to Mueller’s team for dozens of hours, for example.

Associated Press Writers Eric Tucker and Hannah Fingerhut contributed to this report.