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Relevant precedent here which is that the department goes out of its way not to do anything publicly, and sometimes even privately, not to even send subpoenas that might leak and become public close to an election if there's any chance that it will influence the election, if there's any chance it will become public and people will be able to use the justice department's actions to color the election. >> wasn't there dae fak to 60 day before an election rule. >> that's exactly right. that's 60 days, the kind of rule that the department has followed for years and years, it's not a written rule b...

Case, but there's an even more relevant precedent here which is that the department goes out of its way not to do anything publicly, and sometimes even privately, not to even send subpoenas that might leak and become public close to an election if there's any chance that it will influence the election, if there's any chance it will become public and people will be able to use the justice department's actions to color the election. >> wasn't there de facto 60 day before an election rule. >> that's exactly right. that's 60 days, the kind of rule that the department has followed for years and yea...

Dominated by a strange story, mcdaniel supporters arrested for illegally taking pictures of cochran's wife at his nursing home. casey hunt asked him about it just yesterday. >> his campaign has tied you to a nursing home break-in. do you think that's politically motivated and do you think that those charges might be dropped after this election? >> who knows. what matters in this race are the issues. that's just another distraction, something else we wants to talk about. >> how are these races going to play out? we've got reports from jackson, michs, where casey hunt joins us and in des moines,...