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You are here: Home / Past Elections / Election 2016 / Friday’s Breaking News is Now Irreparably Broken

Friday’s Breaking News is Now Irreparably Broken

by Adam L Silverman|  October 29, 201610:52 pm| 126 Comments

This post is in: Election 2016, Open Threads, Politics, Nobody could have predicted, Our Failed Media Experiment

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Michael Isikoff* has committed an act of actual journalism:

Exclusive: FBI still does not have warrant to review new Abedin emails linked to Clinton probe

When FBI Director James Comey wrote his bombshell letter to Congress on Friday about newly discovered emails that were potentially “pertinent” to the investigation into Hillary Clinton’s private email server, agents had not yet been able to review any of the material, because the bureau had not yet gotten a search warrant to read them, three government officials who have been briefed on the probe told Yahoo News.

At the time Comey wrote the letter, “he had no idea what was in the content of the emails,” one of the officials said, referring to recently discovered emails that were found on the laptop of disgraced ex-Rep. Anthony Weiner, the estranged husband of top Clinton aide Huma Abedin. Weiner is under investigation for allegedly sending illicit text messages to a 15-year-old girl.

As of Saturday night, the FBI had still not gotten approval from the Justice Department for a warrant that would allow agency officials to read any of the newly discovered Abedin emails, and are therefore still in the dark about whether they include any classified material that the bureau has not already seen.

“We do not have a warrant,” a senior law enforcement official said. “Discussions are under way [between the FBI and the Justice Department] as to the best way to move forward.”

Oooopsie!

* Also, NY Times, if someone else reports something out before you, you’re supposed to give them credit…

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Reader Interactions

126Comments

  1. 1.

    Mnemosyne

    October 29, 2016 at 10:55 pm

    Since I’m now home from my NaNoWriMo event, come read my post about The Haunting over at Schrodinger’s Cat’s place! You can comment here or over there — we already have a couple of great comments.

  2. 2.

    smintheus

    October 29, 2016 at 10:55 pm

    Comey needs to step aside from the Directorship of the FBI while he is investigated for politicizing the investigation.

  3. 3.

    Omnes Omnibus

    October 29, 2016 at 10:55 pm

    Comey is a complete hack. On 11/09/2016, Obama should ask for his resignation. If he doesn’t comply, Obama should dismiss him.

  4. 4.

    The Other Chuck

    October 29, 2016 at 10:56 pm

    I’ll take “Stepping On Your Own Dick” for $400, Alex.

  5. 5.

    Punchy

    October 29, 2016 at 10:57 pm

    Damage already done. Horse > barn. HRC likely to still win (altho offshore odds have been cut in half), but she will be facing House investigations non-stop for the 1st 6 months.

    $1000 bet that a GOP Senate uses this as their reason to NOT accept any SCOTUS nominee.

  6. 6.

    Another Scott

    October 29, 2016 at 10:58 pm

    ICYMI, from downstairs, Podesta’s piece at Medium on the Comey letter. There’s not a lot new there, but it’s good they’re pressing Comey to answer the obvious questions.

    Cheers,
    Scott.

  7. 7.

    WarMunchkin

    October 29, 2016 at 11:00 pm

    So, how do we satisfy the mens rea criterion for prosecution under the Hatch Act?

  8. 8.

    Punchy

    October 29, 2016 at 11:03 pm

    @efgoldman: Can you impeach a Pres for something they did before they became Pres? Serious question.

  9. 9.

    Omnes Omnibus

    October 29, 2016 at 11:04 pm

    @WarMunchkin: Who do you want to go after? And why?

    ETA: I don’t approve of political witch trials. On our side or theirs.

  10. 10.

    Jim, Foolish Literalist

    October 29, 2016 at 11:04 pm

    @Punchy: as I recall the discussions from last time, “High Crimes and Misdemeanors” can mean whatever the House wants.

  11. 11.

    Adam L Silverman

    October 29, 2016 at 11:05 pm

    @Another Scott: Which he can’t do, because no one at the FBI has, because they’re not allowed to, looked at the emails as they don’t have a warrant. Makes one wonders about the wording of his letter to the Congressional committee chairs about how the emails appear to be pertinent. This would apply they’ve already viewed them, which means they’re way off the reservation. I’m not a lawyer, just a criminologist, but if I was given the application for the warrant to review by the DOJ, as a judge I’d be asking some very tough questions based on Comey’s language in his correspondence with Congress. Perhaps Omnes or burnes or one of the other attorneys would be willing to weigh in and handicap, if they can, the odds, given the wording of that notification letter, of a Federal judge simply turning them down because Comey’s language indicates they’ve already had a looksee without permission.

  12. 12.

    Ken

    October 29, 2016 at 11:05 pm

    @efgoldman: I have doubts they’ll be able to select a Speaker in the first six months.

  13. 13.

    WarMunchkin

    October 29, 2016 at 11:08 pm

    @Omnes Omnibus: I want to go after Comey for the reason that I’m pissed. Note that I’m not a lawyer and this is a purely emotional statement, and I know the Hatch Act was designed for more explicit acts. The reasonable side of me knows that Comey didn’t do anything illegal, and in all likelihood, he comes off as an honest messenger to people who don’t follow politics for hours a day.

  14. 14.

    Another Scott

    October 29, 2016 at 11:09 pm

    @Omnes Omnibus: TheHill:

    Sen. Ron Johnson (R-Wis.) is calling on the FBI to brief Senate committee staff on Hillary Clinton’s email investigation.

    The GOP senator sent a letter to FBI Director James Comey Friday, asking that his staff brief Senate staffers regarding the investigation.

    Johnson, who chairs the Senate Committee on Homeland Security and Government Affairs, also wrote a letter to Comey in July after the FBI director announced that he would not be recommending charges be brought against Clinton.

    “There are important questions about the nature and source of these new emails, when and how the FBI learned of them, what investigative steps the FBI is taking to obtain these emails, and the role of the Justice Department in the process,” Johnson wrote in the Friday letter.

    Lawmakers on both sides have called for more information from the FBI since Comey sent a vaguely worded letter to Congress Friday saying that new emails had been uncovered that may pertain to the Clinton investigation through the course of s separate probe.

    Comey’s going to be under tremendous pressure over the next 10 days. It’s hard to imagine him not having to testify and have another press conference very shortly. Doing so will only make one side or the other (or both) even more upset.

    10 days of madhouse politics as Drum put it. It’s very hard for me to see Comey surviving. Obama and Clinton probably won’t need to ask for his resignation – the pressure will be too intense.

    It looks like he’ll have the shortest post-Hoover term as director (the next shortest was Clarence Kelley in the ’70s).

    Cheers,
    Scott.
    (Who could be wrong, of course.)

  15. 15.

    ChrisGrrr

    October 29, 2016 at 11:09 pm

    @Punchy:

    she will be facing House investigations non-stop for the 1st 6 months

    Inevitable, no matter what clouds and shadows are cited.
    Six months is incredibly optimistic.

  16. 16.

    RaflW

    October 29, 2016 at 11:09 pm

    @Punchy: Damage already done. Horse > barn. HRC likely to still win (altho offshore odds have been cut in half), but she will be facing House investigations non-stop for the 1st 6 months her entire presidency.

    FTFY.

  17. 17.

    Mary G

    October 29, 2016 at 11:12 pm

    I said this was purely political, to keep the house and Senate majority. All these people wanking about how much integrity Comey has and how he agonized over this decision are idiots. Maybe Lynch will refuse to apply for the warrant.

  18. 18.

    smintheus

    October 29, 2016 at 11:12 pm

    @WarMunchkin: Comey knew exactly what the Republican recipients were likely to do with the letter he sent them; he might as well have mailed it directly to Hannity. Comey knew not only that they would turn it into political fodder that very day, he almost certainly must have known that people like Jason Chaffetz would make the information public by misrepresenting it in a way highly unfavorable to Clinton…as they have done routinely for years.

  19. 19.

    Chris

    October 29, 2016 at 11:12 pm

    @efgoldman:

    This. That is all.

  20. 20.

    Adam L Silverman

    October 29, 2016 at 11:12 pm

    @WarMunchkin: He’s violated DOJ policy. An argument might be made for a violation of the Privacy Act of 1974, which is why DOJ/FBI developed the policy and which is why they don’t comment on whether someone or some group is under investigation, that status of the investigation, and, unless they actually move to indict, the answer is always supposed to be “no comment”.

  21. 21.

    Lyrebird

    October 29, 2016 at 11:12 pm

    @Punchy: Maybe this will help keep motivation up among those us volunteering… maybe we’ll rout Issa after all!

  22. 22.

    Adam L Silverman

    October 29, 2016 at 11:12 pm

    @Punchy: Yes.

  23. 23.

    ChrisH

    October 29, 2016 at 11:13 pm

    Before this news it seemed like Comey had reported “We’ve found a cardboard box that might contain illegal material, and we’ll have to open the box at some point to see.”

    Now it appears the story is “We noticed a cardboard box through Huma Abedin’s window and we’ll be looking inside just as soon as we’re allowed to.”

  24. 24.

    Aleta

    October 29, 2016 at 11:13 pm

    From N Yorker: http://www.newyorker.com/news/news-desk/james-comeys-letter-and-the-problem-of-leaks

    If asked, Comey would no doubt affect to be shocked that leaking was taking place at the F.B.I. But the issue is critically bound up with the current controversy. The journalistic follow-up to Comey’s bombshell letter was predictable, even inevitable.
    Even if Comey did not specifically make or authorize the leaks himself, he had to know that they would take place—and he must take responsibility for them. In other words, Comey wasn’t just releasing a letter. He was beginning a process that was certain to include many more disclosures from the F.B.I., but in the haphazard and deniable form of leaks. The F.B.I. can keep secrets when it’s in its interest to do so. There are almost never any disclosures from the bureau’s national-security investigators, who deal with terrorism and related matters. But when it comes to criminal investigations, especially high-profile political matters like this one, the bureau has long been a semi-open book.
    Because of Comey’s announcement, the days leading up to the election will now feature piecemeal disclosures of fragments of the investigation. If Comey elaborate(s) on his cryptic letter, he will likely succeed only in generating more leaks, as reporters seek to answer the central questions of whose e-mails are at issue and if they incriminate anyone, especially Clinton. The inevitability of leaks is one reason why the Justice Department (of which the F.B.I. is supposedly a part) has a formal policy of avoiding public law-enforcement activity on the eve of elections.
    …
    Comey says that he didn’t “want to create a misleading impression,” but that’s precisely what he did. He had to know that his vague letter to Congress virtually demanded elaboration from “senior government officials,” who would apply their own gloss, in the form of leaks. The responsibility for the confusion sown by these leaks, if not for the leaks themselves, belongs only to Comey. If the outcome of the Presidential election turns on Comey’s action, that’s his burden, and the nation’s, too.

  25. 25.

    Omnes Omnibus

    October 29, 2016 at 11:13 pm

    @Adam L Silverman: What Comey said is legally iffy as hell. I think he stepped out onto a ledge in July. He is trying to avoid falling off right now. Let’s give him a push by asking questions.

  26. 26.

    Jean

    October 29, 2016 at 11:14 pm

    So they don’t even have a warrant, and Comey announces an investigation on emails that do not come from Hillary’s server and are neither sent nor received by her, and which may already be in their possession (i.e. copies of mail they already have)? WTH? The backlash from this announcement should be yuge. This is merely anecdata, but my fellow Hillary supporters are even more committed to vote than before. Discussion between the FBI and the DOJ should end with the FBI being told to shut it down because they have nothing 11 days before en election.

  27. 27.

    burnspbesq

    October 29, 2016 at 11:15 pm

    There is a fundamental illogic here.

    They have enough access to the device to know that it contains possibly relevant emails, but they don’t have permission to look at them? How is that possible? Did Weiner consent to a search without Abedin also consenting? Who in their right mind would request a search warrant for the device but not the contents?

    Whut … ah say whut in the Sam Hill is a-goin’ on heyah?

  28. 28.

    Mai.naem.mobile

    October 29, 2016 at 11:15 pm

    I would like to see the emails of Paul Ryan,Jason Chaffetz,Mark Halperin and Reince Priebus. I don’t expect to find anything illegal just stupid embarrassing stuff.

  29. 29.

    Chris

    October 29, 2016 at 11:15 pm

    @Mary G:

    As I was reminded today, Comey is the same scum who stated publicly that he believed in the Ferguson Effect even though he had nothing to back that up. Guy needs to go, the second the election is over.

  30. 30.

    Patricia Kayden

    October 29, 2016 at 11:16 pm

    @Omnes Omnibus: Exactly. Once Secretary Clinton is declared the winner, fire Comey’s partisan behind. Then he can join Faux Noise as the hack he is.

  31. 31.

    Jim, Foolish Literalist

    October 29, 2016 at 11:17 pm

    @efgoldman: one of the few lows they didn’t reach in the last six years was impeaching Obama. I’m actually surprised that Boehner and Ryan were able to keep a lid on that

  32. 32.

    Patricia Kayden

    October 29, 2016 at 11:18 pm

    @Mai.naem.mobile: Probably illegal stuff too. I’d love to see Trump’s emails. Those would be all kinds of illegal and sleazy.

  33. 33.

    Lizzy L

    October 29, 2016 at 11:20 pm

    So Comey sent the letter on spec — no one in the FBI has actually read the e-mails on the laptop? Really? Holy f***.

    He is not a naif, FFS. He knew what would happen; therefore, I have to assume he wanted this outcome. Fuckhim and the horse he rode in on. Firing him right now would probably cause more harm, unfortunately.

  34. 34.

    Another Scott

    October 29, 2016 at 11:20 pm

    @Adam L Silverman: Good points, but I’m sure the investigators at the FBI were thinking about things like that before Comey even knew about it. One kinda obvious thing would be the following:

    1) The FBI has listings of e-mails on Hillary’s server.
    2) Some FBI investigators have Weiner’s PC from the separate investigation. Presumably those investigators have warrants to look at that.
    3) They see e-mails from Huma in the InBox and/or OutBox on Weiner’s PC. They can see the dates and Subjects and To lists.
    4) Would those investigators have reason or authority to check to see if some of the e-mails might be the same as some of the e-mails on Hillary’s server?

    Do they need a warrant for #4 if they have a warrant to look in Weiner’s e-mail? How far can they go fishing under a warrant? Presumably the lawyers can argue back and forth about it.

    I dunno.

    Either way, and even if they somehow had evidence that Huma was sending the Pentagon Papers (via Obama’s Time Machine so that they were still classified) via Weiner’s e-mail, Comey shouldn’t have sent the letter he did. He should have followed protocols about not interfering with elections.

    Here’s hoping that this kind of stuff backfires and drives up Hillary’s numbers rather than driving them down….

    We’ll see.

    Cheers,
    Scott.

  35. 35.

    smintheus

    October 29, 2016 at 11:24 pm

    @efgoldman: I’m hoping Obama fires him. I think the best first step toward getting rid of Comey is forcing him to admit that he needs to step aside from the investigation and allow his own actions to be investigated. From there it’s just a half step to convince him to resign. And then try to prosecute him for abuse of office.

  36. 36.

    Calouste

    October 29, 2016 at 11:25 pm

    @efgoldman: Funny thing is that in a parliamentary democracy, parliament can sack the Prime Minister by a simple majority vote, just because they don’t agree with the PM any more. No fussing with impeachment and all that crap. Of course, that typically means parliamentary elections, so their own seats are on the line as well at that point.

  37. 37.

    gf120581

    October 29, 2016 at 11:25 pm

    @efgoldman: Yes, Johnson’s pretty much been given up for dead in his race.

    Kind of amazing how much this has blown up in Comey’s face. I don’t think this was intentionally partisan, mainly a very clumsy and poorly thought out CYA attempt, but boy, I don’t see how he survives this. After Hillary’s election, he’s probably going to be shown the door. He’s got no credibility with either side right now and if what Eichenwald and others have been reporting is true, the FBI rank and file are livid with him.

  38. 38.

    Tilda Swinton's Bald Cap

    October 29, 2016 at 11:26 pm

    Obama should pardon Clinton as well. Comey fired 11/9, Hatch act investigation, starting tomorrow.

  39. 39.

    SiubhanDuinne

    October 29, 2016 at 11:27 pm

    @Jean:

    This is merely anecdata, but my fellow Hillary supporters are even more committed to vote than before.

    More anecdata: I’ve moved from doing phone banking to doing poll watching (aka voter protection). I spent most of today at an early voting location in Gwinnett County, GA (northern suburban Atlanta). Easily half the voters were African American, Muslim, and/or clearly recent immigrants (I heard two or three people tell the lady who passed out the “I’m a Georgia Voter” stickers that they were first-time voters! They were so proud and happy!)

    Obviously I can’t know how they all voted, and I wouldn’t want to stereotype them based on race, dress, accent — but I’m just gonna say, I saw more than a few people of the female persuasion doing little shoulder shimmies after they cast their ballots :-)

  40. 40.

    ed_finnerty

    October 29, 2016 at 11:28 pm

    @Punchy: His intention was to save the downticket races

  41. 41.

    SiubhanDuinne

    October 29, 2016 at 11:29 pm

    @Patricia Kayden:

    I believe Trump has said that he never uses email.

    Now his Twitter account . . . .

  42. 42.

    gf120581

    October 29, 2016 at 11:29 pm

    @efgoldman: I can’t imagine how badly it would backfire if they tried to impeach a newly inaugurated President. Not only would it go nowhere given the Senate will likely be Democratic controlled (and they’d never get anywhere close to the 2/3rds needed to convict), but it’d look blatantly like they were trying to overturn the election.

    But if anything’s proven in DC, it’s that Republicans lose all sense and logic when it comes to the subject of the Clintons.

  43. 43.

    divF

    October 29, 2016 at 11:31 pm

    @SiubhanDuinne:

    I saw more than a few people of the female persuasion doing little shoulder shimmies after they cast their ballots :-)

    Thank you SD, I needed a little joy.

  44. 44.

    Jean

    October 29, 2016 at 11:31 pm

    @SiubhanDuinne: That’s great, SiubhanDuinne! Thanks for your work.

  45. 45.

    Lizzy L

    October 29, 2016 at 11:34 pm

    @gf120581:

    I don’t think this was intentionally partisan, mainly a very clumsy and poorly thought out CYA attempt, but boy, I don’t see how he survives this.

    Or else, on the other side of the Looking Glass, it’s a deliberate attempt to create more chaos, it’s specifically aimed at Hillary Clinton, and it’s partisan as hell. He won’t survive as Director of the FBI, but his days at that post were numbered and he knows it. He’ll be taken care of. He won’t starve.

  46. 46.

    Adam L Silverman

    October 29, 2016 at 11:34 pm

    @smintheus: There is unconfirmed reporting that Chaffetz got wind of it and put pressure on Comey. Josh Marshall has mentioned this on twitter.

  47. 47.

    divF

    October 29, 2016 at 11:36 pm

    The rules regarding the Director of the FBI is that the max term is 10 years, but otherwise they serve at the pleasure of the President. So another interpretation of Comey’s move is that he knew that HRC was going to fire him on January 21, 2017, due to his actions in July, so he should feather his nest with the wingnut crowd as best he could.

  48. 48.

    Mai.naem.mobile

    October 29, 2016 at 11:38 pm

    Getting rid of Comedy right now is all well and good but his replacement,even if only temporary better not be a hack, and getting somebody decent through the current Senate is not gonna happen.

  49. 49.

    Aleta

    October 29, 2016 at 11:39 pm

    @Another Scott:

    Would those investigators have reason or authority to check to see if some of the e-mails might be the same as some of the e-mails on Hillary’s server?

    According to several news orgs, in fact they do not know whether these ‘new’ emails have were previously turned over. And since they haven’t read them yet, they don’t know whether any new ones are at all related to the investigation. (Yet a supposed total count has been leaked, as though the volume matters.)

  50. 50.

    Tom

    October 29, 2016 at 11:40 pm

    @gf120581: But if anything’s proven in DC, it’s that Republicans have lost all sense and logic, period.

  51. 51.

    debbie

    October 29, 2016 at 11:43 pm

    @Mnemosyne:

    Loved your blog; still terrified of the movie.

  52. 52.

    Adam L Silverman

    October 29, 2016 at 11:43 pm

    @Omnes Omnibus: Did you see Matt Miller’s piece in the WaPo. Miller was the DOJ Director of Public Affairs under Holder has concluded that Comey let his reputation as the last person of integrity in the DOJ go to his head, which has led him to believe he is the only one at DOJ/FBI with the judgement to make these sort of calls regardless of actual policy or legal requirements.

  53. 53.

    Mary G

    October 29, 2016 at 11:45 pm

    I can’t remember where I saw it, but I read somewhere that Huma told them that she used Carlos Dangler’s computer LAST APRIL. Why didn’t they investigate then?

    This whole thing stinks.

  54. 54.

    Timurid

    October 29, 2016 at 11:46 pm

    Holy shit the cnn.com front page right now… “B-b-b-but both sides do it! And both sides like horsies! And going really fast! So can we have horse race… pleeze?”

    Is there a white person in a position of power or responsibility who does not want to watch the country burn?

  55. 55.

    smintheus

    October 29, 2016 at 11:47 pm

    @Adam L Silverman: The right response by the FBI to any inquiries whether they’re investigating someone/something is always “no comment”. So if Comey did go public after hearing from Chaffetz, that’d be pretty decisive evidence of a Hatch Act violation.

  56. 56.

    amk

    October 29, 2016 at 11:47 pm

    One thing I will give to rw’ers – whether they are in politics, government, judiciary or in media – they excel in distraction tactics that takes away the focus from their horrible records, corruption and performance.

  57. 57.

    debbie

    October 29, 2016 at 11:48 pm

    @Mai.naem.mobile:

    Just have them look at all the Bush administration emails saved on the RNC server to avoid FOIA. Oh, wait, they can’t. They were destroyed.

  58. 58.

    JerryN

    October 29, 2016 at 11:48 pm

    @Adam L Silverman: That’s my pet theory – the info was leaked and Comey tried to get out in front of it. He made a hash of it probably because he’s incompetent rather than biased. The leak, if true, implies that there are anti-Clinton FBI personnel freelancing and that Comey has lost control. If that’s the case, there’s a whole lot more FBI personnel than just Comey that have to go.

  59. 59.

    kc

    October 29, 2016 at 11:50 pm

    Say, who appointed this Comey asshole anyway?

  60. 60.

    Gravenstone

    October 29, 2016 at 11:51 pm

    @Another Scott: Johnson won’t have his job, come January. He’ll be back in the private sector, where the only people he can fuck over are his poor employees.

  61. 61.

    gf120581

    October 29, 2016 at 11:51 pm

    @Timurid: No, just a lot of the media wants to keep eyeballs on them until November 8. Hence the illusion of a horse race.

    As the data guys will tell you, though, at this point, the cake is baked and this really doesn’t have much effect on the outcome of the race.

  62. 62.

    Jim, Foolish Literalist

    October 29, 2016 at 11:51 pm

    @Adam L Silverman: concluded that Comey let his reputation as the last person of integrity in the DOJ go to his head, which has led him to believe he is the only one at DOJ/FBI with the judgement to make these sort of calls regardless of actual policy or legal requirements.

    That’s what I’ve been thinking: The blundering of a self-righteous goon, somewhere between prima donna and messiah complex

  63. 63.

    Jim, Foolish Literalist

    October 29, 2016 at 11:52 pm

    @kc: Yeah, sick burn, man. Keep on keepin’ it real.

  64. 64.

    Adam L Silverman

    October 29, 2016 at 11:52 pm

    @burnspbesq: My guess is their current warrant covers anything related to Weiner and sexting, especially as related to minors. And that’s it.

  65. 65.

    gf120581

    October 29, 2016 at 11:52 pm

    @JerryN: That sounds quite plausible. It wouldn’t be the first time the Clintons have had to deal with rogue FBI personnel. Remember Gary Aldrich?

  66. 66.

    debbie

    October 29, 2016 at 11:54 pm

    @Jim, Foolish Literalist:

    He’s even confused Alberto Gonzales.

  67. 67.

    Timurid

    October 29, 2016 at 11:57 pm

    @gf120581:

    Fuck all of them and their duty to be fair and balanced. Are they fair and balanced in their appraisal of cancer or hurricanes or human traffickers? Do they listen to the Zika virus’s side of the story? Donald fucking Trump is no different than any of those things. He’s a disaster, and he should be reported as such.

  68. 68.

    Mary G

    October 29, 2016 at 11:57 pm

    Our media is not liberal. Memorandum has 22 clusters about Hillary’s emails and one only about Trump’s charity shenanigans, which is an actual story.

  69. 69.

    Adam L Silverman

    October 29, 2016 at 11:58 pm

    @Mary G: Isikoff covers this. They appear to have badly bungled both their interview with Abedin by failing to act accordingly and actually check her email accounts.

  70. 70.

    amk

    October 29, 2016 at 11:58 pm

    shauna 10 days ‏@goldengateblond Oct 28

    Trump goes on trial for fraud in November and child rape in December but YOU GUYS the FBI found emails Hillary didn’t send, so.

    0 replies 12,562 retweets 16,218 likes

  71. 71.

    Lizzy L

    October 29, 2016 at 11:59 pm

    From Wikipedia:

    As Deputy Attorney General, Comey was the second-highest-ranking official in the United States Department of Justice (DOJ), and ran the day-to-day operations of the Department.

    He is not naive, he is not simply “clumsy,” he may indeed be arrogant as fuck and think he knows better than anyone at DOJ including the AG, but he is not a political newcomer. It might even be suggested that he’s simply setting up his future. Or is that too damn cynical?

  72. 72.

    redshirt

    October 29, 2016 at 11:59 pm

    @Mary G: It makes me legitimately angry.

    And despair.

  73. 73.

    Adam L Silverman

    October 30, 2016 at 12:00 am

    @smintheus: No, its a violation of the Privacy Act of 1974, which is the legal basis for the “no comment” response.

  74. 74.

    Omnes Omnibus

    October 30, 2016 at 12:00 am

    @Adam L Silverman: Yes, I did. I still think that he is a hack who does what is best for him. I think he fucked up on this one.

  75. 75.

    Jean

    October 30, 2016 at 12:01 am

    So why can’t Lynch just say, “no warrant.” Period. ? Granting one violates policy of investigation 60 days (or 11) before an election. They’ve got nothing at this point, and nothing should be all they get.

  76. 76.

    redshirt

    October 30, 2016 at 12:01 am

    @amk: I mean, this! Trump is literally going to trial in a few weeks. Do we hear a freaking WORD of it in the media? I mean, let me say that again, he’s literally going to trial shortly after the election. After. How convenient.

    It’s all so convenient. And yet, YET! Not a word.

  77. 77.

    Jean

    October 30, 2016 at 12:01 am

    And it violates Privacy Act as previously noted in this thread.

  78. 78.

    debbie

    October 30, 2016 at 12:02 am

    @Jean:

    She has recused herself. I’m not sure she can do anything.

  79. 79.

    Omnes Omnibus

    October 30, 2016 at 12:02 am

    @Timurid: John Kerry. And all other white cabinet folks. Step back from that thesis.

  80. 80.

    redshirt

    October 30, 2016 at 12:02 am

    @Jean: The Repukes would go insane. Probably literally at that point, with violence.

  81. 81.

    Walker

    October 30, 2016 at 12:02 am

    @JerryN:

    This is exactly what I got from this. There are stories of FBI agents who felt Vomey did not make a strong enough case in July. We have a rogue agent problem.

  82. 82.

    WarMunchkin

    October 30, 2016 at 12:02 am

    I just read an article by Tom Tancredo, one of the 2012 Trump beta tests, saying that Hillary Clinton should step down in favor of Tim Kaine, but the mean Democrats won’t allow that because we have no respect for constitutional norms. No link because your brain doesn’t deserve that cancer.

  83. 83.

    Jean

    October 30, 2016 at 12:04 am

    She may have recused herself from the case, but she is still responsible for the RULES (initiating an investigation prior to election) and the LAW (Privacy Act).

  84. 84.

    Adam L Silverman

    October 30, 2016 at 12:04 am

    @Omnes Omnibus: No disagreement on the fuck up. I’m a big believer in UNODIR and beg forgiveness rather than ask permission, but he’s taken this to a whole new level.

  85. 85.

    Omnes Omnibus

    October 30, 2016 at 12:05 am

    @kc: Hey, troll, do you have a point? The current President is not infallible. Next question?

  86. 86.

    Timurid

    October 30, 2016 at 12:05 am

    Seriously, the MSM’s coverage of Trump is equivalent to posting news stories about ‘Are the authorities out to get Hurricane Matthew?’ and ‘Was North Carolina legally drunk at the time of the alleged assault?’

  87. 87.

    gf120581

    October 30, 2016 at 12:07 am

    @Lizzy L: No, that’s another theory; that he knows his days are numbered in a Clinton presidency and therefore is setting himself up for some cushy wingnut retirement package or something. I personally don’t buy it, but I’ve seen it suggested. I’ve even seen rumors that he’s setting himself up to run for governor of his native NJ next year, which seems ridiculous (mainly because thanks to Christie, the GOP is basically guaranteed to get blown out in that race).

  88. 88.

    The Dangerman

    October 30, 2016 at 12:11 am

    @Punchy: I’d put down good money that Garland gets confirmed during the lame duck and the GOP prays HRC never has a chance in 4 years to pick a SC justice (yeah, damn unlikely, but they can hope, pray, burn incense, sacrifice fatted calves, etc).

  89. 89.

    Mike J

    October 30, 2016 at 12:11 am

    Reminder: change your clocks and grab your socks. BST ends tonight.

  90. 90.

    Mary G

    October 30, 2016 at 12:12 am

    @redshirt: No despairing allowed! These assholes have gone after Hillary for 30 years and missed every time. I am so fired up to fight back by any means necessary.

  91. 91.

    SiubhanDuinne

    October 30, 2016 at 12:13 am

    @Mike J:

    Here in the US of A (most of it, anyhow), we’re still a week off from time change.

  92. 92.

    Punchy

    October 30, 2016 at 12:13 am

    I’d chalk this up to a nothingburger except the betting lines went from -650 to -330 on this. Thats an insane move. My guess is that $ is coming from non-US punters who dont understand that most of the voters have baked in their candy, emails or not

  93. 93.

    redshirt

    October 30, 2016 at 12:15 am

    @Mary G: Despair of the fact these fucks have been out in the wilderness for 8 years now and yet it’s still like they call the tunes. The media dances to their songs whenever they want to sing them. We win by grinding things out with facts and truth, but often that ain’t near enough to defeat these vile assholes. I despair of a world where facts are at everyone’s fingertips and yet we seem to be drowning in lies.

  94. 94.

    Another Scott

    October 30, 2016 at 12:15 am

    @debbie: Many (most?) of the Bush White House e-mails were recovered, but not released yet.

    Cheers,
    Scott.

  95. 95.

    Nom de Plume

    October 30, 2016 at 12:17 am

    It appears that Comey made real sure to let Chaffetz see it before anyone else.

  96. 96.

    Omnes Omnibus

    October 30, 2016 at 12:18 am

    @Punchy: Go ahead and lose your money.

  97. 97.

    Larime

    October 30, 2016 at 12:18 am

    How does this help down ballot? Clinton haters are already voting. Who sees this and decides to vote for Blount or Heck?

  98. 98.

    Matt McIrvin

    October 30, 2016 at 12:19 am

    @Punchy: There’s been discussion of impeaching Hillary Clinton before she enters office (this is apparently possible because of her former job as Secretary of State: there is precedent for impeaching former government officials).

    Impeachment is purely political; they can gin up any reason whatsoever. The consequences are also political, of course: impeaching Bill Clinton didn’t do the House Republicans a lot of good in the short term, though there’s a case to be made that it helped them get the Presidency in 2000 by spooking Al Gore into distancing himself from Clinton.

  99. 99.

    O. Felix Culpa

    October 30, 2016 at 12:25 am

    @Larime: I don’t see how this helps down ballot at all. I’m doing data for the campaign, and so far, when there are split tickets, they’re uniformly against Hillary and straight Dem otherwise. I believe this is an effort to hurt Hillary’s electoral chances (not gonna happen) and set up inevitable investigations afterwards.Love

  100. 100.

    AnotherBruce

    October 30, 2016 at 12:26 am

    @Another Scott: Who I hope is right, of course.

  101. 101.

    Matt McIrvin

    October 30, 2016 at 12:28 am

    @redshirt: I liked the tut-tutting about how unprecedented it is for a presidential candidate to possibly be under criminal investigation. Of course, Donald Trump’s child-rape case is, conveniently, a civil one thanks to the statute of limitations.

  102. 102.

    AnotherBruce

    October 30, 2016 at 12:30 am

    @Lizzy L: No, firing him would not cause more harm. We need to reel in the persecution party and let them know there will be consequences for trying to prosecute bullshit.

  103. 103.

    Steeplejack

    October 30, 2016 at 12:30 am

    @Nom de Plume:

    Would like to see confirmation of that from a less obscure source.

  104. 104.

    jsrtheta

    October 30, 2016 at 12:30 am

    @Punchy: Not if you believe in “original intent.”

  105. 105.

    redshirt

    October 30, 2016 at 12:33 am

    @Matt McIrvin: I know, right? It’s like we’re all living in Wink-WinkLand where we all know what’s going on, but just choose to look the other way.

  106. 106.

    Steeplejack

    October 30, 2016 at 12:33 am

    @Matt McIrvin:

    I thought the penalty for impeachment (and conviction—is that the right word?—in the Senate) is being booted out of office. So what’s the point of impeaching someone after she has already left office?

    Or is there some double-secret transitive property of impeachment (known only to Republicans) that would prevent Clinton from becoming president after being retroactively impeached as secretary of state?

    Rhetorical question. This is so far down the rabbit hole I can’t believe it.

  107. 107.

    catclub

    October 30, 2016 at 12:34 am

    @Punchy: How about: Can you pardon a president before they are inaugurated.

    How about “for any offenses related to email while secretary of state”?

  108. 108.

    smintheus

    October 30, 2016 at 12:34 am

    @Adam L Silverman: If Comey released his letter knowing that Chaffetz was aiming to politicize the information, then it sure seems like a Hatch Act violation.

  109. 109.

    Lizzy L

    October 30, 2016 at 12:35 am

    @AnotherBruce: Firing him on November 9th seems like a no-brainer. Firing him Monday morning — um. But if NFTG Obama decides to go there, I’ve no objection.

  110. 110.

    Adam L Silverman

    October 30, 2016 at 12:43 am

    @Lizzy L: Firing him before the election will only make it worse. It will appear as a politicization of events. And it will certainly be spun to an all to gullible media that way.

  111. 111.

    Steve in the ATL

    October 30, 2016 at 12:44 am

    @Lizzy L:

    Or is that too damn cynical?

    Peak cynicism was a lie

  112. 112.

    redshirt

    October 30, 2016 at 12:48 am

    @Lizzy L: 11/9 is too soon too. First step is to administratively suspend him, but all quiet like, so he can’t actually do anything anymore. Then like 6 weeks after the election you get rid of him in some bureaucratic parlance.

  113. 113.

    Adam L Silverman

    October 30, 2016 at 12:50 am

    @Steeplejack: Impeachment is a political process, not a criminal one, despite the Supreme Court sitting in judgement in the Senate, which is where the trial portion takes place. It is important to remember that when the Democrats have had the majorities and have had legitimate concerns that could lead to at least a preliminary investigation beyond normal oversight – Iran-Contra, cooked Iraq WMD intel analysis, torture – they have chosen to not even begin the preliminary actions needed for impeachment. There was real evidence that could have, and some have argued persuasively, should have led to impeachment for Iran-Contra. The Democrats decided not to do so because they were worried that a second one, so close to Watergate, even with overwhelming evidence, would lead to impeachment becoming a political weapon to be used whenever the Presidency moved from one party to the other. Unfortunately they weren’t counting on Gingrich who made it clear that part of the reason they were impeaching Clinton was to even the score for Watergate. The vast majority of the institutional degradation and norm destruction in Congress can be traced back to Gingrich’s fight for the Speakership and then his subsequent Speakership.

  114. 114.

    Villago Delenda Est

    October 30, 2016 at 1:09 am

    I want new risotto tips, and I want them NAOW!

  115. 115.

    Adam L Silverman

    October 30, 2016 at 1:12 am

    @efgoldman: Harry Reid wasn’t Majority Leader in the 1980s/Reagan Administration. Nor was he Speaker of the House.

  116. 116.

    Jim, Foolish Literalist

    October 30, 2016 at 1:22 am

    @Adam L Silverman: @efgoldman: I looked it up, Daschle. And the House Dem caucus was still, I imagine, packed with Blue Dogs and even Dixiecrats who probably thought the whole adventure was brilliant. Wasn’t Phil Gramm still a Democrat in the 80?

  117. 117.

    Adam L Silverman

    October 30, 2016 at 1:32 am

    @Jim, Foolish Literalist: They weren’t happy with it. But they also had determined that the country wasn’t going to tolerate another impeachment again. Especially within a decade (give or take a year) of Watergate.

  118. 118.

    Villago Delenda Est

    October 30, 2016 at 1:47 am

    @Adam L Silverman: Ford pardoning Nixon opened up a Pandora’s box that we’ll never be rid of. It gave the neo-feudalism party the break it needed to undermine the very concept of rule of law. They’ve been pressing it ever since.

  119. 119.

    Enhanced Voting Techniques

    October 30, 2016 at 3:13 am

    @Tom:

    But if anything’s proven in DC, it’s that Republicans have lost all sense and logic, period.

    Indeed, this is so obvious and so clumsy that there is a good chance it will blow back on themselves.

  120. 120.

    dianne

    October 30, 2016 at 5:36 am

    The Wikileak email dumps over the last six weeks with the collaboration of Russian hackers were supposed to do Hillary in. The Rep. candidate was so incompetent that it didn’t work. So they had to ramp up the game a bit and bully Comey into this latest political gambit. I don’t think this will work either. I remember the ’98 midterms after Clinton was pilloried for 2 solid years and the Dems still prevailed. All this will do is make the Dems even madder. If it does give Trump a narrow win, we will have a co-president in the form of Mr. Putin and since Donald is so easily swayed, we will become allied with Russia against the rest of the west and most especially the NATO countries. And they will make him think it was his idea. A small price to pay if Trump gets his debts wiped out and the lawsuits against him nullified.The Republicans in Congress think he will be easily led but he is answering to a more powerful master than they realize.

  121. 121.

    Percysowner

    October 30, 2016 at 8:56 am

    @Nom de Plume: Oh, good. Can Tweety NOW get off his high horse about how Hillary LIED when she said it was only released to the Republicans. Because, in essence, it was, just so they could get ahead of the game.

  122. 122.

    debbie

    October 30, 2016 at 9:08 am

    @Another Scott:

    I know you’re long gone, but whether the emails were recovered or not is irrelevant. What’s relevant is that they were deleted in the first place. Not to mention the thought they could get around FOIA.

  123. 123.

    Another Scott

    October 30, 2016 at 10:53 am

    @debbie: We’ll have to agree to disagree. Recovering the e-mails is a big deal because it means, once they’re finally released, that historians and the public will be able to see what was going on in the Bush WH and Administration then.

    What W’s people did was different than Rmoney who, IIRC, bought all the Massachusetts hard drives and had them destroyed.

    Yes, W’s people shouldn’t have tried to go around the records rules. And it’s good that the rules were subsequently tightened up – just like the rules at State were tightened up during Hillary’s term.

    IT systems in the US government have lagged industry best practices for a long time, for lots of reasons. It’s good that they’re finally catching up and it’s good that there are fewer ways around the rules now.

    FWIW.

    Cheers,
    Scott.

  124. 124.

    Neldob

    October 30, 2016 at 10:56 am

    And there is the Petraus issue hovering. He actually did pass classified info and was not charged? as far as I nkow.

  125. 125.

    The Other Chuck

    October 30, 2016 at 11:04 am

    @Steeplejack: The House votes to impeach, the Senate must vote to convict by a 2/3 majority. Bill was impeached by the house, but they never had the votes in the senate.

    The GOP isn’t quite stupid enough (and will wise up via attrition alone this election) to give impeachment any serious consideration since it backfired so badly on them last time.

  126. 126.

    The Other Chuck

    October 30, 2016 at 11:10 am

    @Adam L Silverman: I think they were waiting for the Iran-Contra hearings to wind up and claim a few scalps before proceeding with impeachment. Then the prosecution essentially threw the case, and let Oliver North filibuster on and on to become more or less a wingnut cause celebre. Then key witnesses started dropping dead.

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