In what for Republicans must be a very bitter irony, Special Counsel Robert Mueller's probe into alleged "Russian interference" in the 2016 election (a probe that has reached far beyond its original mandate) is now at risk of unduly influencing the upcoming midterm vote.

As Bloomberg points out, Trump lawyer Rudy Giuliani has been arguing for weeks that Sept. 1 is the deadline for Mueller to finish his investigation under Department of Justice guidelines. According to Giuliani, Mueller is obligated to either finish his investigation and publish his findings - or at least place the probe into a two-month "deep freeze." However, Mueller has refused to rebut Giuliani's claims and has instead maintained his public silence.

Giuliani, President Donald Trump’s lawyer, has maintained for weeks that Saturday, Sept. 1, was a deadline under Justice Department guidelines for Mueller to finish his Russia probe to avoid improperly affecting the midterm elections on Nov. 6. "I always thought that was the day to make some decision," the former New York mayor said in an interview. Mueller has responded to Giuliani’s ultimatums with the public silence he’s maintained ever since he was named in May 2017 to lead the probe into Russian interference in the 2016 presidential election. But there’s no indication that the special counsel is going to abide by Giuliani’s clock, and there’s no law or clear policy requiring him to do so.

But Mueller's refusal to abide by this policy could have serious repercussions if Mueller's office chooses to subpoena the president, who has refused to commit to a requested sit-down interview with the special counsel for more than eight months. As Giuliani points out, kicking off such a momentous legal battle months before a crucial election could be construed as interference. His pronouncement also gives the Trump Administration more ammunition to continue delaying its decision on whether to grant Mueller an interview.

While the DOJ is reportedly weighing whether it should revise these rules, the US Attorney's Handbook makes clear that prosecutors are prohibited from using their authority to interfere with an election.

The U.S. Attorneys’ Manual prohibits department personnel from using their official authority or influence to interfere with or affect the result of an election. It also requires prosecutors to consult with the department’s Public Integrity Section of the Criminal Division on major investigative steps. In 2012, Attorney General Eric Holder issued a binding policy memo on election-year activities that said “prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election.” Justice Department officials are currently reviewing whether the policy should be updated, but no decisions have been made, according to two people with knowledge of the matter who asked not to be identified. If the policy were changed, it would be part of a broader update of the manual, one of the people said.

Mueller's persistence is even more galling considering the findings of the Inspector General report on former FBI chief James Comey's handling of the investigation into Hillary Clinton. In his report, the IG said prosecutors should avoid all appearance of tampering in an election - not just during the weeks immediately preceding the vote.

"Several department officials described a general principle of avoiding interference in elections rather than a specific time period before an election during which overt investigative steps are prohibited," according to the report. Ray Hulser, a deputy assistant attorney general in the Criminal Division, told the inspector general that officials previously considered codifying a 60-day rule, but rejected the approach as unworkable.

Of course, Mueller's team is expected to be very busy in the weeks between Tuesday and Nov. 6. His prosecutors are preparing for their second trial of former Trump campaign executive Paul Manafort.

Still, some have argued that Mueller isn't constrained by these principles because Trump isn't on the ballot in November. But as anybody who has been paying attention to the political media landscape for the past year and a half would likely agree, the US public widely views the midterms as a referendum on Trumpism (after all, that's the narrative that the media has been pushing). Whether or not Mueller can be held liable for his intrusion doesn't change the fact that the special counsel is committing an extremely brazen hypocrisy.