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Justice Dept. Strongly Discouraged Comey on Move in Clinton Email Case Justice Dept. Strongly Discouraged Comey on Move in Clinton Email Case
(about 1 hour later)
The day before the F.B.I. director, James B. Comey, sent a letter to Congress announcing that new evidence had been discovered that may be related to the completed Hillary Clinton email investigation, the Justice Department strongly discouraged the step and told him that he would be breaking with longstanding policy, three law enforcement officials said.The day before the F.B.I. director, James B. Comey, sent a letter to Congress announcing that new evidence had been discovered that may be related to the completed Hillary Clinton email investigation, the Justice Department strongly discouraged the step and told him that he would be breaking with longstanding policy, three law enforcement officials said.
Senior Justice Department officials did not move to stop him from sending the letter, officials said, but they did everything short of it, pointing to policies against talking about current criminal investigations or being seen as meddling in elections.Senior Justice Department officials did not move to stop him from sending the letter, officials said, but they did everything short of it, pointing to policies against talking about current criminal investigations or being seen as meddling in elections.
That Mr. Comey moved ahead despite those protestations underscores the highly unusual nature of Friday’s revelations, which added a dramatic twist to the final days of a presidential campaign and reignited a firestorm that Mrs. Clinton believed she had put behind her when the F.B.I. decided in July not to charge anyone in the investigation.That Mr. Comey moved ahead despite those protestations underscores the highly unusual nature of Friday’s revelations, which added a dramatic twist to the final days of a presidential campaign and reignited a firestorm that Mrs. Clinton believed she had put behind her when the F.B.I. decided in July not to charge anyone in the investigation.
The letter is also the latest example of an at-times strained relationship between the Justice Department and Mr. Comey, who technically answers to the attorney general but who — on issues of race, encryption, policing and most notably the Clinton investigation — has branded himself as someone who operates outside Washington’s typical chain of command.The letter is also the latest example of an at-times strained relationship between the Justice Department and Mr. Comey, who technically answers to the attorney general but who — on issues of race, encryption, policing and most notably the Clinton investigation — has branded himself as someone who operates outside Washington’s typical chain of command.
After hearing the Justice Department’s concerns, Mr. Comey concluded that the ramifications of not telling Congress promptly about the new emails far outweighed concerns about the guidelines, one senior law enforcement official said.After hearing the Justice Department’s concerns, Mr. Comey concluded that the ramifications of not telling Congress promptly about the new emails far outweighed concerns about the guidelines, one senior law enforcement official said.
Mr. Comey’s letter opened him up to criticism not only from Democrats but also from current and former officials at the F.B.I. and the Justice Department, including Republicans.Mr. Comey’s letter opened him up to criticism not only from Democrats but also from current and former officials at the F.B.I. and the Justice Department, including Republicans.
“There’s a longstanding policy of not doing anything that could influence an election,” said George J. Terwilliger III, a deputy attorney general under the President George Bush. “Those guidelines exist for a reason. Sometimes, that makes for hard decisions. But bypassing them has consequences.” “There’s a longstanding policy of not doing anything that could influence an election,” said George J. Terwilliger III, a deputy attorney general under President George Bush. “Those guidelines exist for a reason. Sometimes, that makes for hard decisions. But bypassing them has consequences.”
He added, “There’s a difference between being independent and flying solo.”He added, “There’s a difference between being independent and flying solo.”
The new emails were discovered during an unrelated F.B.I. investigation into the disgraced former congressman Anthony D. Weiner and his illicit text messages with a 15-year-old girl. On Oct. 3, the F.B.I. seized several electronic devices, including a laptop, a cellphone and an iPad.The new emails were discovered during an unrelated F.B.I. investigation into the disgraced former congressman Anthony D. Weiner and his illicit text messages with a 15-year-old girl. On Oct. 3, the F.B.I. seized several electronic devices, including a laptop, a cellphone and an iPad.
During the course of searching those devices, the F.B.I. discovered thousands of emails, according to senior law enforcement officials, some of them between Mr. Weiner’s estranged wife, Huma Abedin, a top adviser to Mrs. Clinton, and other aides.During the course of searching those devices, the F.B.I. discovered thousands of emails, according to senior law enforcement officials, some of them between Mr. Weiner’s estranged wife, Huma Abedin, a top adviser to Mrs. Clinton, and other aides.
Many of the emails, which have yet to be fully examined, are expected to be duplicates of emails that have already been scrutinized in the Clinton case. The government has not yet concluded that the new emails contain classified information, but investigators felt obligated to look.Many of the emails, which have yet to be fully examined, are expected to be duplicates of emails that have already been scrutinized in the Clinton case. The government has not yet concluded that the new emails contain classified information, but investigators felt obligated to look.
On Friday, Mr. Comey sent the letter to Congress, which said emails had surfaced in a case unrelated to the Clinton case. Mr. Comey said that the F.B.I. would review the emails to determine if they improperly contained classified information, adding that the emails “appear to be pertinent.”On Friday, Mr. Comey sent the letter to Congress, which said emails had surfaced in a case unrelated to the Clinton case. Mr. Comey said that the F.B.I. would review the emails to determine if they improperly contained classified information, adding that the emails “appear to be pertinent.”
Mr. Comey, who had faced mounting criticism in recent months from Republicans for not recommending that Mrs. Clinton or her aides be charged with a crime, immediately came under attack from Democrats. They charged that just 11 days before an election, he was unnecessarily inserting himself into politics.Mr. Comey, who had faced mounting criticism in recent months from Republicans for not recommending that Mrs. Clinton or her aides be charged with a crime, immediately came under attack from Democrats. They charged that just 11 days before an election, he was unnecessarily inserting himself into politics.