Special counsel Robert Mueller has a midterms problem.

With the elections less than three months away, Mueller is running out of time to issue more indictments or announce other major developments in his Russia probe without opening himself up to accusations of attempting to influence Election Day.

It’s a challenge that has befallen previous federal prosecutors and law enforcement officials, to the point that they now typically refrain from taking prominent actions that could have political ramifications within 60 days of a major election.

But there are no clear-cut rules, and both action and inaction can be viewed in hindsight as being politically motivated, something former FBI Director James Comey knows all too well.