I think given that the Department took the position for four years that you could not prosecute a sitting President, it would be very dangerous to take a position either formally or informally, that as a practical matter, you also can't investigate or prosecute a former President.
Adam Schiff warns against the implications of not investigating or prosecuting a former President.
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The Federal Bureau of Investigation (FBI) and the Department of Homeland Security have no role in the administration of elections, and this statement indicates the potential for violations of California and/or federal election laws.
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