Social Media has Hope for a Reprieve against Trump

TikTok Sleuths, the DOJ’s 60-Day Rule, and the 2024 Election: Why Biden and Harris “Did the Right Thing”

As the United States approached the January 6, 2025, certification of the Electoral College results, social media platforms—particularly TikTok—were flooded with speculation about potential objections from Democrats. Many users anticipated a contentious showdown, with some even predicting that Vice President Kamala Harris or other lawmakers might challenge the results in key swing states. However, when the certification proceeded smoothly and without objections, TikTok sleuths quickly shifted their focus to uncovering the legal and strategic reasoning behind this decision. Their investigations led them to Justice Manual section 9-85.300, a little-known but critical Department of Justice (DOJ) policy that prohibits federal interference in elections during sensitive periods. This discovery has sparked widespread discussion, with many users praising Harris, President Joe Biden, and the legislative branch for adhering to the rule and avoiding actions that could have undermined the electoral process.

At the same time, the DOJ’s adherence to this policy has significant implications for the 2024 presidential election and the pending inauguration of President-elect Donald Trump. Section 9-85.300, titled “Non-Interference in Elections When Conducting Federal Criminal Investigations Involving Ballot Fraud,” outlines a critical policy designed to prevent federal investigations from influencing election outcomes. This policy is particularly relevant in the context of the 2024 election, as it governs how the DOJ handles investigations into election-related crimes, including ballot fraud, during sensitive electoral periods.

This article explores the intersection of these two narratives: the TikTok sleuths’ discovery of the 60-day rule and its implications for the 2024 election and Trump’s inauguration. By examining the legal, political, and social dimensions of this issue, we can better understand the challenges facing American democracy and the importance of adhering to legal and procedural norms in a highly polarized environment.

The Anticipation of Objections on TikTok

In the weeks leading up to January 6, TikTok was flooded with videos speculating about potential objections to the certification of the Electoral College results. Many creators, particularly those aligned with progressive causes, argued that Democrats should challenge the results in states where allegations of voter suppression or irregularities had been raised. These videos often cited the contentious 2020 certification process, during which objections were raised by some Republicans, as a precedent for taking a stand against what they perceived as an illegitimate outcome .

However, when January 6 arrived, the certification process unfolded without incident. No objections were raised, and the results were swiftly confirmed. This outcome surprised many TikTok users, who had expected a more dramatic confrontation. In the aftermath, creators and commentators began digging deeper to understand why Harris, Biden, and congressional leaders had chosen not to intervene.

The Discovery of Section 9-85.300

The key to understanding this decision lies in Justice Manual section 9-85.300, which prohibits the DOJ from taking overt investigative actions—such as issuing subpoenas or making arrests—during an ongoing election or its immediate aftermath. The goal is to prevent federal actions from influencing voter behavior or election outcomes, thereby preserving public confidence in the integrity of the electoral process .

TikTok creators quickly seized on this provision, producing videos explaining how the policy applies to the certification process. They highlighted that any objections raised during the certification would have required the DOJ to investigate, potentially triggering a cascade of legal and political consequences. By avoiding objections, Harris and Biden ensured that the DOJ could continue its work without violating the 60-day rule, thereby maintaining the integrity of the electoral process .

Why This Matters

The discovery of section 9-85.300 has sparked a broader conversation about the importance of adhering to legal and procedural norms, even in highly polarized political environments. TikTok creators have praised Harris and Biden for prioritizing the rule of law over short-term political gains, arguing that their decision to avoid objections was a strategic move to protect the legitimacy of the election and prevent further erosion of public trust in democratic institutions .

This sentiment has been echoed by legal experts and commentators, who have noted that the 60-day rule is a cornerstone of the DOJ’s commitment to impartiality and non-interference in elections. By adhering to this policy, Harris and Biden demonstrated a respect for the rule of law that stands in stark contrast to the actions of some Republicans during the 2020 certification process .

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The DOJ’s 60-Day Rule and the 2024 Election

The DOJ’s adherence to section 9-85.300 was critical in maintaining the integrity of the 2024 election process, especially given the high stakes and polarized political environment. The 2024 presidential election was one of the most contentious in U.S. history, with allegations of voter fraud, foreign interference, and legal challenges dominating the discourse.

1. Trump’s Legal Challenges: Throughout the election, Trump and his allies repeatedly raised allegations of voter fraud, particularly in key battleground states. These claims prompted investigations at both the state and federal levels. However, the DOJ’s policy ensured that any federal investigations into these allegations were conducted with caution, avoiding actions that could be perceived as influencing the election outcome .
2. Special Counsel Investigations: Special Counsel Jack Smith’s investigations into Trump’s alleged efforts to overturn the 2020 election and his handling of classified documents at Mar-a-Lago were also subject to the 60-day rule. While these investigations were already underway before the 2024 election, the DOJ took care to avoid any actions that could be seen as politically motivated, such as filing new indictments or making high-profile arrests in the weeks leading up to the election .
3. Public Confidence: By adhering to section 9-85.300, the DOJ aimed to preserve public confidence in the electoral process. This was particularly important in the face of widespread misinformation and disinformation campaigns, including false claims of voter fraud and foreign interference .

Implications for Trump’s Inauguration

As Trump prepares to take office on January 20, 2025, the DOJ’s handling of election-related investigations under section 9-85.300 has significant implications:

1. Legitimacy of the Election: The DOJ’s adherence to its non-interference policy reinforces the legitimacy of the 2024 election results. By avoiding actions that could be perceived as influencing the outcome, the DOJ has helped to ensure that the election is seen as free and fair, even in the face of ongoing legal challenges and political disputes .
2. Ongoing Investigations: While the DOJ has avoided overt actions during the election period, investigations into alleged election-related crimes, including those involving Trump and his associates, are likely to continue after the inauguration. These investigations will be closely watched, as they could have significant political and legal ramifications for the incoming administration .
3. Political Fallout: The DOJ’s handling of these investigations could also have broader political implications. If the investigations uncover evidence of wrongdoing, they could further polarize an already divided electorate and complicate Trump’s ability to govern effectively. Conversely, if the investigations are perceived as overly partisan or politically motivated, they could undermine public trust in the DOJ and the rule of law .

The Broader Implications

The TikTok sleuths’ focus on section 9-85.300 has also shed light on the broader challenges facing American democracy. In an era of deep political polarization and widespread distrust in institutions, adherence to legal and procedural norms is more important than ever. By avoiding objections and allowing the certification process to proceed smoothly, Harris and Biden sent a powerful message about the importance of respecting the rule of law, even in the face of intense political pressure .

This decision has also reinforced the importance of transparency and public education in maintaining trust in democratic institutions. By uncovering and explaining the 60-day rule, TikTok creators have played a vital role in helping the public understand the legal and strategic reasoning behind the certification process. This, in turn, has helped to counter misinformation and disinformation, which have become increasingly prevalent in recent years .

What now?

The TikTok sleuths’ discovery of section 9-85.300 has provided a compelling explanation for why Kamala Harris, Joe Biden, and the legislative branch chose not to interfere in the certification of the Electoral College results. By adhering to the DOJ’s 60-day rule, they demonstrated a commitment to the rule of law and the integrity of the electoral process, even in the face of intense political pressure. This decision has been widely praised on social media, with many users hailing it as a victory for democracy and a testament to the importance of respecting legal and procedural norms.

As the nation moves forward, the lessons of this episode will remain relevant. In an era of deep polarization and widespread distrust, adherence to the rule of law and a commitment to transparency are more important than ever. By uncovering and explaining the 60-day rule, TikTok creators have played a vital role in helping the public understand the legal and strategic reasoning behind the certification process, thereby reinforcing trust in democratic institutions and countering the spread of misinformation.

References

1. Justice Manual | 9-85.000 – United States Department of Justice
2. Justice Manual | Justice Manual – Justice Manual | United States
3. Office of Public Affairs | Justice Department Releases Information on
4. U.S. Attorneys’ Manual | 9-85.000 – United States Department of Justice
5. Prosecuting Political Leaders During an Election – Protect Democracy
6. State of Georgia v. Jeffrey Clark, No. 23-13368 (11th Cir. 2024)
7. Trump superseding indictment: What is the DOJ’s 60-day rule? – Law & Crime
8. Justice Manual | 9-90.000 – National Security | United States
9. What is DOJ’s ’60-day rule’ and what role might it play in a Trump
10. Fact checking Election Day 2024 claims about voter fraud, ballot
11. NBC News: TikTok Faces Skeptical Judges in Hearing Over Potential Ban
12. AP News: Supreme Court to Hear Arguments Over Law That Could Ban TikTok
13. NBC News: Justice Department Urges Supreme Court to Reject Trump’s Push to Pause TikTok Ban
14. The Economist: Duelling Arguments Take Shape in the TikTok-Ban Case
15. HuffPost: Kamala Harris Joins TikTok
16. National Constitution Center: Updated: Supreme Court to Decide TikTok’s Fate