The agency is investigating more emails related to Hillary Clinton. Whether or not it finds something in the next 11 days, its announcement could affect the outcome on November 8.
The FBI has announced that it is investigating newly discovered messages related to Hillary Clinton’s use of a private email server. According to The New York Times, these emails were found in the course of the agency’s investigation of the former New York Congressman Anthony Weiner and the longtime Clinton aide Huma Abedin.
With just 11 days to go until November 8, FBI Director James Comey’s decision to disclose the investigation could affect the election. The timing raises two important questions: What was his legal obligation to provide the public with information on this investigation, if any, and what could happen to him as a result of his choice?
It’s possible Comey was partly motivated by fear. When he chose not to prosecute Clinton for her use of a private email server, he was brought before Congress to defend his decision; a hearing at the House Judiciary Committee in September lasted nearly four hours. If he failed to amend his testimony and inform Congress about new evidence potentially relevant to that case, he would almost certainly face more hearings—particularly if the agency discovered information about Clinton’s actions after November 8. “I have a suspicion that he didn’t just do it because he felt like doing it,” said Richard Painter, a law professor at the University of Minnesota who served as the chief ethics lawyer in the Bush administration from 2005 to 2007. “This close to the election, you have to get out with it. How many of these dang things are there?”