I'm a criminal defense attorney, let me tell you why Comey did this. (You'll feel better)

[Fahrenthold451]

Last edited Sat Oct 29, 2016, 12:07 PM - Edit history (13)

***Update***

La Times has the best characterization of why Comey did what he did, and it is consistent with my original post below. There's nothing there, he's simply covering his butt.

The emails were not to or from Clinton, and contained information that appeared to be more of what agents had already uncovered, the official said, but in an abundance of caution, they felt they needed to further scrutinize them.

Because Comey had told Congress that the FBI had finished investigating Clinton’s server, he felt he needed to let lawmakers know that agents were looking into the case again in light of the recent discovery, the official said.

http://www.latimes.com/politics/la-na-pol-fbi-clinton-email-probe-20161028-story.html

The way the press initially handled this story is unforgivable.

----------
Original Post:

Comey knows that Hillary is going to win the election. He knows that Rs in the House will very likely rake him over the coals in endless Benghazi like hearings. Comey testified under oath to Congress that he would reopen--or at a minimum reconsider--the investigation should he get additional information. He also testified that if there is a referral from Congress regarding Clinton's untruthful disclosure to FBI that he could open an investigation vis her FBI interview.

Somebody in the know dropped some emails in the FBIs lap recently. (Was it merely a routine disclosure from the Weiner investigation? Maybe, but I'm not buying it. The timing of all this makes me believe that this was not just an innocent 11th hour discovery.)

This puts Comey in a box. He testified under oath that he would relook at things if more information comes to light--so basically he's in legal trouble (perjury allegation) if he doesn't. This is confirmed by Comey's own memo to FBI employees.

Comey said he felt “an obligation to do so given that I testified repeatedly in recent months that our investigation was completed.”

https://www.washingtonpost.com/world/national-security/fbi-director-james-b-comey-under-fire-for-his-controversial-decision-on-the-clinton-email-inquiry/2016/10/28/fbad009c-9d57-11e6-a0ed-ab0774c1eaa5_story.html?hpid=hp_hp-top-table-main_comey-810pm%3Ahomepage%2Fstory

Further, if he didn't send the letter he sent today, he would be accused of political collusion with the Clintons. He's covering his ass. Plain and simple. He has bristled at the allegation that he is acting in a partisan way, and this (nothing-burger) letter is his attempt to get back to some type of perceived neutrality in advance of his anticipated testimony to Congress. Imagine if he didn't send the letter. You can just see Gowdy screaming at him, "So you had these additional emails and you kept them a secret until AFTER the election!"

My legal advice to people here is to take a deep breath. This letter is classic CYA. It's designed to protect Comey, and that's it. If he had the goods on Clinton the shoe would have dropped today. Mark Cuban's explanation that Huma was simply printing emails for HRC bears this out. http://www.democraticunderground.com/12512552937

PS, watch for any and all oppo that the Clintons have to be released today and tomorrow in advance of the Sunday shows. Anything they have on Trump will come out now. The best defense is a good offense. Let's all strap in and kick this orange bastard's corpulent ass.

Couple people have asked about what the oppo probably is. Here's my best speculative shot..

Absolutely no way someone as careless as Donald Trump has not been surreptitiously audio recorded. In the modern era, everybody has a smart phone. Odds are its an attractive contract vendor who was not required to sign a non-disclosure contract. You can guess what would be in the recording.

Is that legal, you ask? New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05. So, while I'm not licensed in New York, if the party recording was in the room, the answer is pretty much it looks to be legal.

The person with the recording has probably already consulted with an attorney, found out that it wasn't illegal to make the tape, and they are ready to drop it. Now's the time my friend. The address to the Washington Post is --- The Washington Post, 1301 K Street NW, Washington DC 20071

PPS: Still don't feel better? Take a look at the prediction markets hours after the story dropped. http://predictwise.com/

We're gonna be fine people. We are on the right side of history.

Quick CYA footnote: A person could read this and think that I'm apologizing for Comey. I'm not. What he has done is despicable and unforgivable. At the time I originally posted this all I knew was the letter Comey wrote and that's that. People were freaking out about the (now debunked) reporting that Comey had "reopened" the investigation. I originally wrote my post because I knew that Comey felt he had legal exposure due to his prior congressional testimony and this was not the opening act of a criminal charge contra Clinton. I thought this might make people feel better.

My speculation regarding oppo was noted as speculation. I'm a hard core partisan Democrat. I can have hopes too, no?

[ncgrits]

1. Thanks. I DO feel better. That makes a whole lot of sense! nt

[Farmgirl1961]

2. Thank you for that!

And can you give any hints about stuff they might have on Trump????? c'mon, we've all been through hell today and need a little good cheer!

[tenaciousdem]

4. thank you!

I'm feeling better already and the clarity on this deeply, troubling, matter, is greatly appreciated....

[Farmgirl1961]

5. I can't wait to see what they have to unload!

n/t

[ProudProgressiveNow]

7. K&R nt

[reasonabletexan]

8. And the NYT says they were discovered during the Weiner investigation

[StevieM]

36. Welcome to DU!! Here is a strange question that I bet you never expected anyone to ask you

upon your arrival.

How do you feel about the Astros switching to the AL? Personally, I hate the thought of teams switching leagues, and I still don't like the Brewers in the NL either.

Then again, I still haven't warmed to inter-league play.

[Fahrenthold451]

51. Is this like a challenge question to determine if I am a bot? :) I cant stand

the politics of Houston and I try not to fly through it if possible. It's humid and filled with fracking Republicans. I also can't stand Nolan Ryan's politics (although he wasn't for Cruz, which is something.) As such, I have nothing positive to say about the Astros. But, seeing that the Red Sox are 24W to 12L against them, I'm generally supportive of the move. \

Thanks for welcoming me!

[Raine1967]

53. Psst: this was not a response to you. nt

[Fahrenthold451]

85. I'm an idiot. Got all happy because I thought I was being welcomed

[StevieM]

67. Fahrenthold451, I SWEAR I was going to put up a post below welcoming you as well.

I got sidetracked with other things, but I was going to come back to this thread specifically to welcome you to DU.

That post you replied to was to another poster, who also just joined DU. I asked him about the Astros because his avatar image was of the Astros.

[Fahrenthold451]

80. Totally funny.

[SusanCalvin]

55. Not that I'm the one you asked, but say it I must:

I HATE AL BASEBALL!

If there's a designated hitter, it's not real baseball. According to me.

[StevieM]

68. I like the DH because it keeps a major difference between the two leagues.

I miss the days when their was no inter-league play, when the AL and NL had different strike zones and even had their own sets of umpires.

[SusanCalvin]

79. It is a difference, true. Which causes me to ignore the AL.... nt

[yellowcanine]

9. Yeah that is my take also but I think Comey should make a clarifying statement.

Particularly given that Chaffetz chose to immediately politicize it by saying that the investigation was "reopened."

[Fahrenthold451]

14. He probably won't clarify--He will want to keep his options open.

[okaawhatever]

70. Chaffetz didn't immediately politicize it, he pre-release politicized it. They got the letters

letters yesterday from Comey. I'm betting they've been working with right wing media to define the narrative. (Including of course the re-opening bit).

Yeah, they've had a day on this one. Interesting if anyone asks them why they didn't release the info yesterday.

[regnaD kciN]

10. I understand why he did it…and I DON'T feel better.

[Fahrenthold451]

15. The news cycle dictates that this will be a story for at best 48 hours. There's no there there.

[old guy]

54. This will be the main topic on the Sunday crap shows.

[lillypaddle]

11. That's basically what Steney Hoyer said

on MSNBC earlier. He said that with Trump's continued harping on "rigged election/system," he had no choice but to let it be known he was looking into the matter. I'm sure Steny was spinning it, but it is believable. And no way the investigation will be finished in time for the election. Most people don't give a shit and are sick and tired of the email BS.

[wishstar]

12. Could be a Repub FBI investigator dropped in his lap, so Comey had to send letter

Sounds like a dirty trick behind the scenes where someone is trying to screw around for political reasons.

The previous State Dept/FBI phony non-pay to play attempted "scandal" that was publicized a couple of weeks ago also turned about to be much ado about nothing that the media jumped on too fast and misinterpreted and then dropped when there was no "there" there.

[Sorceress]

13. Thank you! This explanation makes things a lot more clear.

[Mme. Defarge]

16. K&R!!!

[Lifelong Protester]

18. Thank you for your cogent explanation.

[Lochloosa]

19. Sounds right. Thanks. And welcome to DU.

[DeminPennswoods]

20. Newsweek agrees with you

http://www.newsweek.com/fbi-reviewing-more-clinton-emails-514825

[mercuryblues]

21. He could have classified it

to keep the stupid fuckers from mis-representing what happened. He knew they would jump on this like flies on shit and lie about it.

[Fahrenthold451]

22. He totally could have, but he operates in a political theater as well.

[yardwork]

25. Personally, I think his behavior is reckless and unforgivable.

I understand the cya aspect of the letter, but this was done in a way designed to maximize drama and give media lots of room for speculation and innuendo.

The head of the FBI should have better judgment.

[SharonClark]

86. Agree but he obviously doesn't

[Raine1967]

74. You are aware that the FBI is supposed to be apolitical, right?

ESPECIALLY the head of the FBI.

[Avalux]

23. I agree with you 100% about Comey. I also think the Clinton campaign knew it was coming.

So yes, I expect them to move on this. Buckle up!

[Fahrenthold451]

24. Absolutely they knew, and they have been keeping their powder dry.

[world wide wally]

26. Hacking emails is also against the law, but it is the entire basis of Trump's campaign along with

the GOP's.
We definitely do need to "drain the swamp" in Washington and it starts with the House of Representatives and the Senate.

[jonno99]

28. Thanks! nt

[Cattledog]

29. Very good points...but this a Political campaign...

rationality goes to the wayside esp. amongst uninformed voters.

[Fahrenthold451]

32. Which is why the oppo must drop now

[WheelWalker]

30. A cogent analysis. Thank you. Whenever I see the word, "corpulent" I am reminded of Shirer's

description of Hermann Goering.

[Fahrenthold451]

84. I am reminded of Trump of the tee box of his golf course with his stupid white pants hiked into his

?resize=410%2C410

[czarjak]

94. 1946?

[procon]

31. If Comey is trying to save his ass, why is the negative blowback is only affecting Hillary?

Trump is dancing a jig and chortling about how he was right, and Comey gets a pass. There was no hard information revealed, only a hint of an implied scandal in the works. If Comey was compelled to notify congress then he should have waited until he had actual details to determine what was important rather than setting off a 5 alarm fire over wild speculation.

[Fahrenthold451]

33. Because now all the Rs like Comey more and they won't hit him as hard

[moonscape]

103. But only until the next thing they don't like. n/t

[Zing Zing Zingbah]

34. Thanks. You're explanation makes a lot of sense. :)

[ArnoldLayne]

35. Sounds good to me

[workinclasszero]

37. I don't feel better...

So Comey covered his ass by hanging Hillary's out to dry in the wind.

Don't tell me he didn't know that this would create a political firestorm that will burn all weekend. He dumped it late friday...that was also on purpose.

If he is an innocent party in all this i expect him to hold an immediate press conference to refute the claims by Trump and the news media that the email investigation has been reopened.

If he lets the fire burn all weekend I say he did it in collusion with republicans in DC and the Trump campaign!

[Fahrenthold451]

39. Obviously the worry would be that the emails the FBI now have are damaging to HRC

But to me I don't believe that they are. If the emails were actionable 1) he would know it and wouldn't have to be so amiguous about it and 2) he wouldn't have dropped the letter this way. He would have had a news conference on a Monday and spelled out why he is officially "reopening" the investigation. He didn't do that today. I personally think that the Friday drop is evidence of that there's no there there.

[ColemanMaskell]

111. More good points.

(and welcome to DU)
p.s. I joined not long ago and nobody has asked me any are-you-a-bot-or-are-you-not questions.

Plus -- if you know of a software program that could write a post like yours, I would REALLY like to see the code for it -- professional interest, as a software developer myself. (spoiler alert: Can't be done.)

Welcome. Sincerely.

[Fahrenthold451]

119. Gracias. I was just trying to make a joke

What a ridiculous day yesterday was. Hopefully the press will wake up refreshed and sane.

[calimary]

91. I don't feel that much better, either.

I think the Anthony Weiner angle just turned the whole thing cheap and tawdry, and let the air out of the balloon. Which WOULD be reassuring unless you consider how vicious and relentless the Hillary haters are. And they are legion. We who admire and support her do outnumber them. But they unfortunately remain a force to be reckoned with. Guaranteed they'll try to make the most of this, even if it turns into yet another nothingburger. When have ANY of them ever retracted some shitty thing they'd said about either of the Clintons, much less any libel or slander with which they've tried to smear Hillary?

Nothing's turned up. Nothing's EVER turned up. And yet that putz Chaffetz has already made it known how many inquisitions he's going to mount against a President Hillary Clinton. Even when there's no there there, that doesn't stop them from trying to pretend there is - and then try to act on it.

[workinclasszero]

92. Right the republicans don't give a damn about facts

that go against their narrative.

This political hit job by Comey just gave the deplorables fresh ammo and they will be screaming out the lies till election day and beyond!

Comey did a great job for Trump, no doubt about it!

[3catwoman3]

105. Let's rename him...

...Chafputz.

[Hekate]

38. KnR

[musicblind]

40. How are you so sure there is damning oppo?

I'm hoping there is. But I don't want "hope" I want concrete. :/

[Fahrenthold451]

43. Here's the deal -- I've represented a lot of people and I would say the majority

Of CEO types have been recorded. It's way more common than you think. I would just be shocked if there weren't tapes out there.

If I'm wrong about the tapes I can tell you this. HRC has millions to spend on oppo. THERES NO WAY THEY FOUND NOTHING. No way.

[tblue37]

60. Her team are seasoned pros.I'm not, but even I would know to keep something good in reserve for just

such an "October Surprise." And if no surprise occurs, the reserved oppo can be dropped midway to late in the week before the election.

[DCBob]

41. I would agree with your assessment.

Last edited Fri Oct 28, 2016, 05:35 PM - Edit history (1)

Comey is certainly feeling the heat and he doesnt like it. This situation has given him a chance to gain his creds back with RW cons.

However this will have some negative impact on the Clinton campaign. Its never good to be on explaining side of a perceived scandal... fake or not.

[Fahrenthold451]

44. Agreed. But a fake scandal is much easier to deal with than real

[Cosmocat]

42. Bullshitt

He wrote they were pertinent to the server investigation w no other clarificarion, written purposely to be both ambiguous AND allow Republicans to run around w theur hair on fire.

They are not "pertinent" the server investigation, that just is a complete misrepresentation to allow the assumption that this is about hillary.

[Fahrenthold451]

45. I'm not defending him for doing it. Just thinking about the why

[workinclasszero]

47. Totally agree!

The language he used in the letter was designed to do maximum damage to Hillary.

No doubt about it!

[FailureToCommunicate]

46. Thanks.

[tiredtoo]

49. Going to share this on my Facebook page. EOM

[Dave in VA]

50. Thanks!

Thanks for the well reasoned post. I hope that you are correct about the Clinton/Kaine campaign op-po and I agree, let it drop NOW!

[Maru Kitteh]

52. Comey is making a last-ditch attempt to save his ass and his job

Fucker.

[MADem]

56. His scolding of Clinton back in July (I found no crime, BUT...)

was OTT wrong.

This letter (re: an investigation that no one was aware of, and that will not be resolved before the election) is just bullshit. If he hadn't "opined" in the first place he wouldn't feel a need to cover his sorry ass.

Obama should ask for his resignation after the election--or he should OFFER it.

If he wants to get involved in politics, he should run for office like every other asshole.

[Fahrenthold451]

59. I'm with you

[okieinpain]

58. i felt better after i heard it was anthony weiner, who

isn't going to be in huma's corner when dealing with that fool. if there was any person in the world that you wanted to be involved in something like this is someone like mr. weiner. lol. i can enjoy the weekend now.

[Fahrenthold451]

61. I mean seriously, Huma, you're gorgeous. What were you doing with Weiner anyway?

[okieinpain]

64. yep. if you think about it she had to know

she's worked on that laptop. if it was terrible stuff she would have deleted it a long time ago.

[Miles Archer]

62. Comey's "I don't know what I know, and I don't know when I'll know it" disclaimer was feeble

I see this development through a short lens. I agree with Paul Krugman:

https://twitter.com/paulkrugman/status/792056422708178944

Paul Krugman Verified account
?@paulkrugman

Comey needs to provide full info immediately. Otherwise he has clearly made a partisan intervention, betraying his office.

[Fahrenthold451]

63. It's safe to say that Comey's actions are extremely unusual and clearly partisan.

Prosecutors, especially the Feds, have a unique duty to be above politics and it would appear and Comey couldn't be more transparently political.

[ColemanMaskell]

113. Hunh. What's your take on the Hatch act? Somebody in another thread on this topic mentioned it.

Is it applicable? I googled it but the stuff I found seemed kind of convoluted and unclear. Just wondered what you think there.

Also people on DU keep screaming for Comey to be fired. Is that a reasonable reaction?

The whole thing didn't worry me greatly because if publicans can't come up with anything better than this then they're goners (happy to say) and that's encouraging. Plus this has produced the unintended side effect of energizing Dems big time (also called bigly, which is apparently not word coinage but a slurring of Big League). On balance more plus than minus, seemingly at first glance.

But I very much liked your post, because it clarified the situation. I had been thinking that Comey just didn't seem very bright.

So, Hatch Act? Firing? Thanks for your insights.

[ffr]

65. Too late for it to matter. 14 million people have already voted

Those ballots cannot be changed now. Not even if Comey sends a letter every day from here out about FBI investigations to investigate all the prior investigations.

COMEY JUST COMES ACROSS AS DESPERATE.

[Cha]

66. Thank you, Fahrenthhold451

[Fahrenthold451]

72. Right back at Cha

[luvmybluestate]

69. lesson that obama failed to learn, stop appointing rethugs. hopefully,

hrc will be smarter than this

[Fahrenthold451]

71. Seriously. I mean seriously. Just stop.

[Hortensis]

123. Bye.

[jimlup]

73. Thanks! That helps me feel a little better

[smirkymonkey]

75. K&R

[BlueStateLib]

76. The media is in a frenzy, they smell blood

[C_U_L8R]

78. They don't smell blood, they want blood.

The hidden agendas aren't so hidden but they are disheartening.
I expect better from the press.

[Fahrenthold451]

83. It really was amazing to see the press fall all over themselves

Reminded me of the scene in "The Right Stuff" when Jeff Goldbloom runs down the hallway to breathlessly announce that the Russians launched Sputnik. It's like they are all cramped up in their little jack in the box just waiting to pop out and announce some Breitbart talking point.

[Puzzler]

77. This post needs to be DU front page (n/t)

-p

[brett_jv]

81. I just had a thought ... if 'findings' were dumped on Comey by a Rethug operative in the FBI

KNOWING that he was legally obliged to report to Congress in this manner due to statements he'd made under oath ... then you know what I think?

I think whoever dropped the docs (and whoever is 'behind' that person) was ACTUALLY hoping the Comey was going to sit on these emails ... rather than make this report to Congress.

And the plan THEN ... was for Faux or some GOP Congresscritter to 'expose' that these emails were 'hidden from Congress' by Comey ... on like Nov 7th ... creating mass confusion about WTH was going on/whether or not he was really impartial when investigating the first time, etc. OR wait until she wins, then this becomes starting point to impeach or at least harass her with investigations for YEARS more. AND the GOP would've had Comey by the short & curlies to come up with something more damaging to Hill.

Him keeping it to himself would've meant a WAY better outcome for the GOP is the truth. This thing is going to fizzle big-time and change exactly nobody's mind.

As much as it sucks and is irritating in this moment, I think Comey did the right thing here, and the alternative would've sucked a LOT worse.

[Fahrenthold451]

82. Agreed except Comey's vagueness is close to prosecutorial misconduct a few days before an election.

His hands were tied, I get that. But, either there's a there there or not. Don't be coy.

[DesertRat]

87. thank you! k&r

[Gman]

88. Yours are all plausible assertions

Comey didn't tweet he was reopening the case. In fact his letter says nothing of the kind. I noticed that right off too.
But CYA? Maybe. But I also consider that Comey was Ken Starr's lead investigator for Whitewater and may well still have a vendetta. He did not have to do this now. He'd be an idiot (which he's not) to not foresee this reaction in such a volatile atmosphere. When it's just a matter of days now, seems he could have waited.
Unless, he knew someone was about to tip off the lunatic fringe GOP.
He didn't expressly say he wasn't reopening the investigation. And he coukd have stated such and still CYA.

[Fahrenthold451]

89. Washington Post reports Comey as all but announcing he was just covering own ass.

He was terrified about it leaking before he could announce, and then the Republicans would go crazy on him.

https://www.washingtonpost.com/world/national-security/fbi-director-james-b-comey-under-fire-for-his-controversial-decision-on-the-clinton-email-inquiry/2016/10/28/fbad009c-9d57-11e6-a0ed-ab0774c1eaa5_story.html?hpid=hp_hp-top-table-main_comey-810pm%3Ahomepage%2Fstory

[Gman]

90. He must know there's nobody that would pull him out

if he were under the bus. That's probably true.

[AgadorSparticus]

93. Thanks for the reassurance!

[NJCher]

95. please clarify

Somebody in the know dropped some emails in the FBIs lap recently. (Part of the Weiner investigation maybe, I'm not buying it)

So you're saying Comey is lying about the emails coming through the Weiner investigation? I don't understand why Comey would make something up like this. If he did and he was caught while he's testifying in front of Gowdy, Chaffetz, et al, he would lose credibility--and over what?

If you say he's lying about how he came across the emails, there has to be a substantial enough reason to take that risk.



Cher

[Fahrenthold451]

98. I posted this right as the story dropped and it was unclear where the emails were coming from--

That being said, this is a hit job through and through. Chaffetz absolutely set Comey up to feel compelled to advise Congress if any additional information (emails) came to light. There are a lot of conservative agents who were not happy with Comeys decision. My take is that there was knowledge about these emails prior to Comey testifying. Comey's underlings came to him yesterday and told him, "Hey, whadya know, we got a whole bunch of emails here that bear State Dept. provenance." Comey doesn't even look at them. He's stuck. Don't disclose to congress, and Chaffetz will own him when the emails are leaked. Comey isn't lying about anything. His conservative agents, along with the Repubs, set this one up nicely.

Yes, it's possible that these emails just popped up out of the Weiner investigation. It's possible. But this is smells like a Nixonian rat fuck to me.

[Dark n Stormy Knight]

96. Who are you???!!!

Oh, and thanks and welcome to DU, if you're new.

[Fahrenthold451]

99. I'm new. Im a hard hard core political junkie. My habit would be expensive if politics were drugs.

[nolabear]

128. I heard that. Welcome and thanks for the expertise (and great screen name!)

[Lord Magus]

97. I don't buy that for a second.

And for his political collusion with the GOP, Comey needs to be indicted under the Hatch Act.

[Fahrenthold451]

100. I think that if Comey wanted to collude with the Rs he just

Last edited Sat Oct 29, 2016, 06:48 AM - Edit history (2)

Would have recomended that Lynch file charges. That would have been tough for HRC to recover from. No need to do all this manuvering. That being said, my take is that he violated the Hatch act. Federal employees are still forbidden to use their authority to affect the results of an election.

[Lord Magus]

102. If he did that he would've not only had his recommendation rejected...

...he could very well have been facing felony charges for abuse of power.

BTW Chaffetz can't be touched under the Hatch Act because it doesn't apply to Congress (or to POTUS/VPOTUS either), only to executive branch employees.

[ColemanMaskell]

114. but can Comey be liable under the Hatch act? is my question.

The reference I found only said the Hatch act
"... prohibits employees in the executive branch of the federal government, except the president, vice-president, and certain designated high-level officials of that branch, from engaging ..."

also it's been amended a bunch of times, most recently as 2012. But since the House is the legislative branch, not the executive branch, that guy is probably okay, unless there's something in one of the amendments or something -- but it seems unlikely; elected reps are always trying to affect elections.

The FBI guy Comey must be executive branch though, so I'd think Hatch would apply to him probably, unless he's one of those "designated high-level officials" that are exempt. Then again, even if it applies, who decides whether to prosecute? I'm curious whether Hatch applies to Comey. Also curious whether the Prez can just fire him as some have suggested.

[Fahrenthold451]

118. You're right. But Damn, I hate Chaffetz

[ColemanMaskell]

139. That's 100% understandable

also I just read an article in Raw Story where somebody is all worked up about the Fourth Amendment. Says Comey's violating the Fourth Amendment, which seems pretty obviously true once it's pointed out, but his main gripe is that the FBI violates the 4th regularly when dealing with emails, telephones and the like.

and despicable as Chaffetz is, he's got competition for your animosity if you want to distribute it fairly. That oddly Aryan-looking House Benghazi Committee Chairman Rep. Trey Gowdy of South Carolina springs to mind, rather like something scary suddenly jumping out at you from the shadows as you walk through a light fog down a dimly lit Victorian cobblestone laneway late at night, or as you hurry timidly along a narrow path through deep forest in the twilight just after sunset. And Speaking of that old Goering photo you've got, there is a stunningly Deja Vu photo of old Trey at this link:
http://www.mcclatchydc.com/news/politics-government/election/article105738886.html

. . . but there are so many. Ted Cruz. Paul Ryan. Newt. Hollywood could easily produce a major monster movie with a cast completely composed of American Republican politicians, and that cast wouldn't even need acting lessons; all they'd have to do, as the Beatles sang about their movie, "is act naturally". Sarah Palin. So many choices.

Don't let them get to you. My advice, when you feel that "hate" start to tap on your shoulder, just go to an amusement park or watch a funny comedy movie. If you're stuck in an embassy with nothing but a laptop, you can watch videos of late-night comedy satire on You Tube and look up The Borowitz Report, Chris Lamb, and similar satire news. That can also work for a quick break if you're trapped at a desk in an office. Snopes.com is surprisingly funny because they debunk bizarre stories that you'd never think of, and the stories being debunked are hilarious -- Hillary has been replaced by a clone? Really? Whose idea is that? Anyway the point is, laugh it off, shake it off, don't let them lure you towards "the dark side". Oh, yeah, Sci Fi movies can be pretty funny too if you like that kind of thing, but even if they don't seem funny they do get your mind off the antics of the Repugnant Cons, or as I just saw them called hilariously, Banana Republicans (Based on the conjecture that agents within the FBI might be colluding with certain politicians to stage a coup, Third World style).

[ColemanMaskell]

140. Somebody just filed an ethics complaint against Chaffetz, so be consoled :-)

Ethics Complaint Filed Against Rep. Jason Chaffetz for Releasing Comey Clinton Email Letter
By Jason Easley on Mon, Oct 31st, 2016 at 12:49 pm
An ethics complaint has been filed against Representative Jason Chaffetz for releasing information provided to him in a letter from FBI Director James Comey.

http://www.politicususa.com/2016/10/31/ethics-complaint-filed-rep-jason-chaffez-releasing-comey-clinton-email-letter.html

[BlueStateLib]

117. Charging the receiver of classified information and not the sender would be unjust

They would have to indict half of the state department's diplomatic staff

[Fahrenthold451]

120. HRC got nothing to do with this. She didn't send. She didn't receive

My hope is that as this breaks the press will realize what a complete crock this whole thing is and the story will morph completely into what a douche Comey is.

[ColemanMaskell]

101. Thanks for the well thought out and clearly worded post.

[Upthevibe]

107. Thank you so much! Du'ers are the best. I love how you took it step by step. I feel better too. n/t

[donco]

106. Thats why

it was released on Friday.

[Kablooie]

108. Now calls for his resignation are growing louder.

So he decided Republican attacks in the future would be much worse a national shit storm screaming for his resignation right now.

We'll see.

[Fahrenthold451]

116. He knew that if he didn't send the letter then he could

Be accused of perjury. And when people face legal exposure they cover ass first and worry about the shit storm later. Somebody dropped his in his lap Thursday and the race was on.

[Awsi Dooger]

109. Lots of low percentage guesswork

First of all, your doubt of the Weiner connection was inept. Top reporters are scrambling for their best sources when a story of this magnitude breaks. Once they hit on something those reporters aren't going to release something as specific as a link to one well known person unless the sources are terrific and insistent.

I basically downplayed the remainder of your post after reading that flub. Perhaps that wasn't fair to you but I have little respect for such a basic failure to understand raw probability. Granted, I was playing golf when the Weiner connection was made but if I had inherited it in real time I would have grasped the likelihood of truth, and it would have been well north of 90%.

Additional Trump material is also low percentage, and especially something as specific as an audio tape. Maybe I should say meaningful Trump material. In this case meaningful would be enough to bump this email inflation to second tier or co-first tier. If anyone has been holding an audio tape or similar for max impact they are guilty of pathetic handicapping. It is now favored to be drowned. Favoritism is that they have overestimated the value to begin with. That is the norm. It's mine therefore it overwhelms. I believe there will be attempts. I believe they will be trivial.

Comey's own wandering words in the internal memo were most telling of all, IMO. That was not strategic certainty, to cover his ass or any other purpose. He had little idea what to do and basically described that in weak apologetic style.

[Fahrenthold451]

115. I agree my post is guesswork

The minute I read Comeys letter I wrote my post. As an attorney I know a CYA letter when I see one. I knew the obligations and exposure that Comey had due to his testimony and I knew the pressure he was under if the emails leaked before he sent the letter. This is born out in the Politico post.

Comey, in all likelihood, had an obligation to notify Congress of the FBI’s most recent move on the Clinton emails, after he testified over the summer that the investigation was essentially finished.
When a witness tells Congress something under oath that turns out to be untrue, or the facts and circumstances around the testimony change after the fact, he or she is supposed to notify lawmakers right away to correct the record.

Read more: http://www.politico.com/story/2016/10/fbi-reopens-clinton-email-server-investigation-230454#ixzz4OT2HLQ1n
Follow us: @politico on Twitter | Politico on Facebook

Now, I apologize for not fleshing out what Inmeant by the "I'm not buying it line". Was this just a coincidence? Do I believe that nobody in the FBI knew about these emails? No. I'm not buying that. My take is that someone has been sitting on this for a while and it was disclosed now to inflict maximum pain on Clinton. I don't believe in coincidences when it comes to this stuff.

As for my speculation re oppo. It's speculation, of course. That being said, watch what happens today. I hope I'm right. If HRC has nothing left on Trump then her team has committed political malpractice. With all of her money, time, connections and fertile subject matter I believe it far more likely than not that he drop will happen about 10am EST today. But it's a hope.

[ncgrits]

124. Thank you AGAIN!

I came back to your post this morning to check in for updates or clarifications. And I so appreciate not only your perspective, but your demeanor and tone! Thanks for sharing your p.o.v. in such a measured manner. You, sir or madam, are just the gentle-person DU needs to get us through the latest cluster cuss.

Welcome!

[Fahrenthold451]

130. Appreciate your reply. Thank you.

And I'm a guy, although there's something cool about being so anonymous that you have to be addressed with gender neutrality. Appreciate it.

[burrowowl]

110. K&R!!!!!!

[Lucinda]

112. Welcome to DU and many thanks for this info!

[JackHughes]

125. It all proceeded from...

This latest email kerfuffle proceeded from Bill Clinton's entirely innocent, but ill-advised, airport meeting with Loretta Lynch -- which forced her to abdicate all responsibility for the investigation to Comey, who then made assurances to congressional Republicans.

The Clinton campaign should get Huma on TV fast. She's a cipher to most Americans and she needs to be humanized. She would be a sympathetic figure for most American women.

[onecent]

126. Thank you for this, it is starting to make sense

in some sort of weird way.

[Fahrenthold451]

127. Really weird, nightmarish and unfair way. But making sense.

You're welcome

[RolfHarris39]

129. In any case, Comey was being reckless

Why would he drop something like this just 11 days before the election? Doesn't he realize just how high the stakes are? I'll never forgive him if this is enough to help Donald win.

[Fahrenthold451]

131. I believe that Comey felt he was in legal danger

He testified to congress he would keep them updated and there for sure were some conservative leaning senior agents who were going to leak these emails shortly. I can tell you that when people feel like they have legal exposure sometimes they get tunnel vision. At a minimum, intense self-interest kicks in. The FBI aggressively prosecutes people who make false statements to their agency. He knew he could be accused of making a false statement to Congress. So he wrote the most open ended BS letter he could to resolve his exposure, knowing full well it would be misinterpreted and knowing he would roil the world. But he covered his ass...

[DesertRat]

134. Welcome to DU, Rolf Harris. Interesting choice of user name.

[tenderfoot]

135. Rolf Harris is a sex abuser

Just saying.

[DesertRat]

136. Yes, I know.

A pedophile at that.

[djg21]

132. My guess is Weiner cut a deal.

Somebody in the know dropped some emails in the FBIs lap recently. (Was it merely a routine disclosure from the Weiner investigation? Maybe, but I'm not buying it. The timing of all this makes me believe that this was not just an innocent 11th hour discovery.)

My sense is similar. I think Anthony Weiner cut a deal of some sort and is trying to avoid being prosecuted.

[Fahrenthold451]

133. I'm not sure about Weiner cutting a deal

While the prospect makes my hind quarters clench, I don't think so. If Weiner was cooperating, then Comey would not be able to say he doesn't even know what he has. The way Comey left it was--"Well, we got a bunch of emails, haven't even looked at them yet, and that's it. We will keep you posted". So I'm not concerned.

[djg21]

137. You're assuming Comey is being entirely truthful.

One alternative is that Comey already knows there's nothing in the emails and he has another agenda. Perhaps he thinks he is protecting the Bureau from he inevitable congressional investigations that will start day one of Hillary's first term. Perhaps he's just looking for job security: if he is fired by Loretta Lynch or Clinton, he can sceam retaliation and the optics for the new administration will be ugly. Comey is not stupid, and my suspicion is that he has gamed this out.

Weiner is a self-interested creep. Don't put anything past him. He would throw his own mother under a bus if he thought it would further his interests or political ambitions. If he did offer up the laptop, there presumably wouldn't be a need for a warrant, unless perhaps Huma's emails were encrypted or somehow secured and he did not have access (I haven't looked at this issue so don't know for certain).

[Wounded Bear]

138. He brought this on himself...

starting in July with his stupid editorializing when he announced he wasn't bringing charges. He should have just said the old boilerplate line:

"We have concluded that there is insufficient evidence to reocmmend charges be filed."

Period.

End of message.

End of press conference.

If he had done that it would have at least discouraged the Repubs in Congress from bringing him in under oath and force that "promise" out of him. He screwed up then, and then he released all of the investigation notes (something else that is uncommon), and now yes, he's in CYA mode, because he fucked up from the get-go on this one.