According to persons familiar with the situation, federal prosecutors will postpone any criminal charges against former President Donald Trump until after the November midterm elections.
When Trump improperly transported official data to Mar-a-Lago after leaving office and refused turning them over for more than a year afterward, the Justice Department launched an investigation to determine whether he broke three federal statutes, including the Espionage Act.
In a second, ongoing investigation of the Capitol incident on January 6, 2021, and the events that led up to it, prosecutors are also reportedly focusing on Trump.
Prosecutors are prohibited from overtly conducting an investigation within 60 days of an election that could affect the outcome of a contest or races, in accordance with long-standing department regulation.
The representative, Jay Bratt, made the remark at a hearing where Judge Bruce Reinhart considered whether to unseal the FBI document that served as the foundation for its Mar-a-Lago search warrant.
Trump was denied a special master because the documents in the boxes "do not belong to him" and are instead the property of the US government, according to the Justice Department's late Tuesday response to the lawsuit.
The FBI raided Trump's Mar-a-Lago home in Florida on August 8 and took more than two dozen boxes of documents, some of which were highly classified and designated top secret. This search thrust Trump's management of sensitive government information into the spotlight.
Since then, Trump has accused the DOJ and the FBI of abusing his rights. Last week, he filed a lawsuit, requesting that a court appoint a "special master" to sort through the confiscated documents and weed out any that were protected.