The Justice Department is said to be considering appointing a special counsel to oversee its investigations into Donald Trump if the one-term president runs again in 2024.
Mr Trump has strongly hinted he will try and secure the Republican presidential nomination again, with the third week of November seen as a possible launch date for his campaign, according to CNN.
The DoJ has reportedly made no decision on the need for a special counsel in the unprecedented event it decides to prosecute a former president and active candidate.
Officials have discussed how a special counsel could insulate the Justice Department against allegations that the Biden administration is acting against a political rival during an election cycle, sources told the news network.
The Justice Department has observed the tradition of going quiet in the weeks leading up to an election ahead of the 8 November midterms.
But federal investigators are planning for “a burst of post-election activity in Trump-related investigations”, reported CNN.
“They can crank up charges on almost anybody if they wanted to,” one defence attorney working on January 6 related issues told CNN.
They added that lawyers “have no idea” who will be charged by federal prosecutors, adding, “This is the scary thing.”
Justice Department prosecutors are investigating Mr Trump’s efforts to overturn the 2020 election which he has falsely claimed he won against Joe Biden.
Mr Trump and his allies are also being investigated for their attempts to overturn election results in Georgia by Fulton County District Attorney Fani Willis.
A grand jury is also investigating Mr Trump’s handling of federal documents at his Mar-a-Lago home, with his adviser Kash Patel granted immunity to testify before it.