by John Dineen
Comey drops an October surprise on the presidential race
“… in a brief letter and in the middle of an election season, there is significant risk of being misunderstood.”
So wrote FBI Director James Comey in a memo to bureau employees in one of the more bizarre understatements of the 2016 election.
Comey’s opaque letter to Congress — about “the existence of emails that appear to be pertinent” to the investigation of Hillary Clinton’s private email server — was followed, predictably, by FBI leaks of additional, and sometimes contradictory, details.
Comey’s action, 11 days before the election, set off a furor — although little of it about the emails themselves, about which apparently little is known. The FBI on Sunday obtained a warrant to examine the emails, which reportedly were found on a laptop belonging to former Rep. Anthony Weiner, estranged husband of top Clinton aide Huma Abedin.
According to The Washington Post, FBI investigators knew of the existence of the emails for weeks, but informed Comey of their discovery on Thursday.
Comey acted in the face of objections from Justice Department officials, who warned him of the department’s longstanding policy against taking any public legal actions that might affect an election. While some observers were sympathetic to what was described as the “horrible” choice Comey faced, other former law enforcement officials excoriated him for inserting the bureau into the middle of a presidential campaign in its final days.
One analysis pointed to Comey’s original decision — to testify before Congress about the bureau’s decision not to pursue prosecution of Clinton and to characterize Clinton’s handling of classified material — as the first step onto a slippery slope.
Senate Minority Leader Harry Reid, D-Nev., accused Comey of a double standard, saying he was withholding information on connections between Donald Trump, his advisers and the Russian government. Reid also warned Comey in a letter that he might be in violation of the Hatch Act, which prohibits political activity by federal employees.
Underscoring Reid’s Hatch Act concern, a former chief White House ethics lawyer during the George W. Bush administration said in an op-ed piece in The New York Times that he was filing a complaint against the FBI.
At least one report placed Comey’s action in the context of struggles between the Justice Department and the FBI — and within the bureau itself — over the Clinton case.
While Comey’s action gave Donald Trump a new attack line for his campaign, it may be days before the actual impact of the disclosure on the election can be gauged. The Clinton campaign seemed determined to project confidence in the face of the development while simultaneously using it to fire up her base.
Among the many questions: Just how much of an impact do October surprises really have?
And looming on a potential post-election-day agenda should Clinton win: the incoming president’s relationship with her FBI director.