# FBI is re-opening investigation into Clinton's email

**URL:** <https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950>\
**Category:** Politics & Elections\
**Created:** [October 28, 2016, 5:57pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950 "2016-10-28T17:57:35Z")\
**Posts on this page:** 20\
**Page:** 18

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**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\
**Post date:** [October 30, 2016, 5:58pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/341 "2016-10-30T17:58:08Z")

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Thinking about that CNN pundit on Friday when this story broke, protesting that Hillary is like the student who turned in her homework late, while Trump burned down the school.

A better use of that analogy would have Clinton repeatedly cheating on her exams, while Trump moons the teachers and gets left back half-a-dozen times.

Yet one of them will be named valedictorian.

Ain’t it grand?

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**Author:** ![skdo23](https://avatars.discourse-cdn.com/v4/letter/s/a5b964/32.png) [@skdo23](https://boards.straightdope.com/u/skdo23)\
**Post date:** [October 30, 2016, 6:06pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/342 "2016-10-30T18:06:35Z")

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Breaking news - FBI Clinton email investigation team knew about the emails weeks ago, but waited until 10/27 to inform Comey.  
[https://www.washingtonpost.com/world/national-security/fbi-agents-knew-of-clinton-related-emails-weeks-before-director-was-briefed/2016/10/30/657ed266-9eb1-11e6-8d63-3e0a660f1f04\_story.html?hpid=hp\_hp-top-table-main\_clintonfbi-121pm%3Ahomepage%2Fstory](https://www.washingtonpost.com/world/national-security/fbi-agents-knew-of-clinton-related-emails-weeks-before-director-was-briefed/2016/10/30/657ed266-9eb1-11e6-8d63-3e0a660f1f04_story.html?hpid=hp_hp-top-table-main_clintonfbi-121pm%3Ahomepage%2Fstory)

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [October 30, 2016, 6:06pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/343 "2016-10-30T18:06:58Z")

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What the bleeding fuck? I can’t even…what the?..

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [October 30, 2016, 6:15pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/344 "2016-10-30T18:15:15Z")

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My hypothetical was a shot in the dark, now I wonder if that may be what it took place.

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**Author:** ![Rysto](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@Rysto](https://boards.straightdope.com/u/Rysto)\
**Post date:** [October 30, 2016, 6:19pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/345 "2016-10-30T18:19:25Z")

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If that’s true, I don’t see how Comey possibly survives this revelation. If the FBI could see on this for 2-3 weeks, it could have sat on it for 2 more weeks and waited until after the election.

Especially if it’s true that they don’t even have a warrant to look at it yet. What the hell were they doing for the last couple of weeks if they didn’t have legal authorization to look at the emails yet?

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**Author:** ![Starving\_Artist](https://avatars.discourse-cdn.com/v4/letter/s/aeb1de/32.png) [@Starving\_Artist](https://boards.straightdope.com/u/Starving_Artist)\
**Post date:** [October 30, 2016, 6:40pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/346 "2016-10-30T18:40:12Z")

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> [@skdo23](#):
>
> Breaking news - FBI Clinton email investigation team knew about the emails weeks ago, but waited until 10/27 to inform Comey.  
> [https://www.washingtonpost.com/world/national-security/fbi-agents-knew-of-clinton-related-emails-weeks-before-director-was-briefed/2016/10/30/657ed266-9eb1-11e6-8d63-3e0a660f1f04\_story.html?hpid=hp\_hp-top-table-main\_clintonfbi-121pm%3Ahomepage%2Fstory](https://www.washingtonpost.com/world/national-security/fbi-agents-knew-of-clinton-related-emails-weeks-before-director-was-briefed/2016/10/30/657ed266-9eb1-11e6-8d63-3e0a660f1f04_story.html?hpid=hp_hp-top-table-main_clintonfbi-121pm%3Ahomepage%2Fstory)

It’s been alleged that many of the FBI agents involved in the investigation felt Clinton should have been brought up on charges and were pissed that she wasn’t, thus they may have sat on the evidence until it could be released to Comey at a time when it would cause Clinton the most harm.

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**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\
**Post date:** [October 30, 2016, 6:44pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/347 "2016-10-30T18:44:19Z")

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> [@Rysto](#):
>
> If that’s true, I don’t see how Comey possibly survives this revelation. If the FBI could see on this for 2-3 weeks, it could have sat on it for 2 more weeks and waited until after the election.

FBI =/= Comey.

The fact that many agents thought Comey’s decision not to prosecute was wrong has been widely reported. Reports like [this one](http://dailycaller.com/2016/10/29/dc-attorney-fbi-never-destroyed-laptops-of-clinton-aides/) suggest it may be an open rebellion. Dropping this on Comey ten days out, putting him in an impossible situation, would fit in with that.

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**Author:** ![Rysto](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@Rysto](https://boards.straightdope.com/u/Rysto)\
**Post date:** [October 30, 2016, 6:46pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/348 "2016-10-30T18:46:43Z")

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If Comey cannot keep the FBI under a modicum of control and prevent them from attempting to influence the election, he cannot continue as Director.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [October 30, 2016, 6:48pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/349 "2016-10-30T18:48:54Z")

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> [@Starving\_Artist](#):
>
> It’s been alleged that many of the FBI agents involved in the investigation felt Clinton should have been brought up on charges and were pissed that she wasn’t, thus they may have sat on the evidence until it could be released to Comey at a time when it would cause Clinton the most harm.

Woe unto those agents who sat on this, if they did.

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [October 30, 2016, 6:56pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/350 "2016-10-30T18:56:01Z")

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> [@Rysto](#):
>
> If that’s true, I don’t see how Comey possibly survives this revelation. If the FBI could see on this for 2-3 weeks, it could have sat on it for 2 more weeks and waited until after the election.
> 
> Especially if it’s true that they don’t even have a warrant to look at it yet. What the hell were they doing for the last couple of weeks if they didn’t have legal authorization to look at the emails yet?

Going back and forth like bratty kids between [del]mom[/del] the Republican congress critters and [del]dad[/del] Comey to see who was going to give them the cake before lunch.

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**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\
**Post date:** [October 30, 2016, 6:59pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/351 "2016-10-30T18:59:26Z")

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> [@Rysto](#):
>
> If Comey cannot keep the FBI under a modicum of control and prevent them from attempting to influence the election, he cannot continue as Director.

Probably so. But that doesn’t mean just replacing him will fix the problem.

To speculate: If the career investigators who actually worked with the materials, and their superiors in the highest non-political slots, think this was an open-and-shut case to prosecute and that the decision not to was purely political, they’re going to react to anyone making the same decision the same way.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [October 30, 2016, 7:02pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/352 "2016-10-30T19:02:15Z")

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> [@furt](#):
>
> FBI =/= Comey.
> 
> The fact that many agents thought Comey’s decision not to prosecute was wrong has been widely reported. Reports like [this one](http://dailycaller.com/2016/10/29/dc-attorney-fbi-never-destroyed-laptops-of-clinton-aides/) suggest it may be an open rebellion. Dropping this on Comey ten days out, putting him in an impossible situation, would fit in with that.

Sir, as your Directorship winds down, we all got together and bought you a going-away gift. Here you go. Enjoy! Oh, and btw, we took the liberty of pulling the firing pin for you.

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**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\
**Post date:** [October 30, 2016, 7:04pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/353 "2016-10-30T19:04:46Z")

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> [@Rysto](#):
>
> Especially if it’s true that they don’t even have a warrant to look at it yet. What the hell were they doing for the last couple of weeks if they didn’t have legal authorization to look at the emails yet?

BTW: if the report that Weiner cooperating is correct, they don’t need a warrant. It’s his laptop as much as hers.

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**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\
**Post date:** [October 30, 2016, 7:09pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/354 "2016-10-30T19:09:17Z")

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> [@Rysto](#):
>
> If Comey cannot keep the FBI under a modicum of control and prevent them from attempting to influence the election, he cannot continue as Director.

Good luck removing him now. That would look like the Obama administration is meddling for political reasons. See, if Clinton would have just followed the law she wouldn’t have these issues. But she’s paranoid.

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**Author:** ![Rysto](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@Rysto](https://boards.straightdope.com/u/Rysto)\
**Post date:** [October 30, 2016, 7:16pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/355 "2016-10-30T19:16:03Z")

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> [@octopus](#):
>
> Good luck removing him now. That would look like the Obama administration is meddling for political reasons. See, if Clinton would have just followed the law she wouldn’t have these issues. But she’s paranoid.

You are correct. So long as the investigation is ongoing, the President cannot be seen to do anything that might influence it. Once it’s over, though, assuming that there’s a Democrat in the White House, I think he’s gone.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [October 30, 2016, 7:23pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/356 "2016-10-30T19:23:32Z")

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Ah, the good old days. Can anyone imagine a president firing Hoover?

\*I want your reservation on my desk in the morning!!

Yes, sir. Should I include those photographs and audiotapes we discussed the other day, too? I have plenty of copies, so not to worry!\*

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [October 30, 2016, 7:26pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/357 "2016-10-30T19:26:13Z")

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> [@furt](#):
>
> BTW: if the report that Weiner cooperating is correct, they don’t need a warrant. It’s his laptop as much as hers.

Unless, as it is usually the case when people share machines, they were looking at the account of the wife.

I wonder if emails that were less than 180 days old that did go from Huma to Clinton were the excuse or the snag.

[https://www.propublica.org/special/no-warrant-no-problem-how-the-government-can-still-get-your-digital-data](https://www.propublica.org/special/no-warrant-no-problem-how-the-government-can-still-get-your-digital-data)

> [@](#):
>
> Authorities need a warrant to get unopened emails that are less than 180 days old, but they can obtain opened email as well as unopened emails that are at least 180 days old with only a subpoena as long as they notify the customer whose email they’ve requested.
> 
> The government can also get older unopened emails without notifying the customer if they get a court order that requires them to offer “specific and articulable facts showing that there are reasonable grounds to believe” the emails are “relevant and material to an ongoing criminal investigation” — a higher bar than a subpoena. How often does the government request emails? Google says it got 16,407 requests for data in total — including emails sent through its Gmail service — from U.S. law enforcement agencies in 2012, and an additional 10,918 requests in the first half of 2013.
> 
> Microsoft, with its Outlook and Hotmail email services, says it received 11,073 requests from U.S. authorities in total in 2012, and an additional 7,014 in the first half of 2013. The company provided some customer data in 75.8 percent of the 2013 requests. (The figures don’t include requests for data from Skype, which Microsoft owns.) And Yahoo says it received12,444 such requests in the first half of 2013, providing at least some customer data in 91.6 percent of them. ( **The Department of Justice requires providers to wait six months before releasing data on the requests.** )

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<div class="post-metadata">

**Author:** ![Rysto](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@Rysto](https://boards.straightdope.com/u/Rysto)\
**Post date:** [October 30, 2016, 7:28pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/358 "2016-10-30T19:28:08Z")

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> [@GIGObuster](#):
>
> I wonder if emails that were less than 180 days old that did go from Huma to Clinton were the excuse or the snag.
> 
> [https://www.propublica.org/special/no-warrant-no-problem-how-the-government-can-still-get-your-digital-data](https://www.propublica.org/special/no-warrant-no-problem-how-the-government-can-still-get-your-digital-data)

I don’t believe that applies in this case. The 180 days thing applies to third-party email providers like Hotmail or GMail. Emails stored on a personal laptop would not be covered.

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [October 30, 2016, 7:31pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/359 "2016-10-30T19:31:41Z")

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> [@Rysto](#):
>
> I don’t believe that applies in this case. The 180 days thing applies to third-party email providers like Hotmail or GMail. Emails stored on a personal laptop would not be covered.

Maybe, but depending on the email service the emails may not be in the computer. I think this may be the case because if **furt** is correct then the need for a warrant makes no sence.

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**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\
**Post date:** [October 30, 2016, 8:02pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/360 "2016-10-30T20:02:08Z")

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> [@furt](#):
>
> … Dropping this on Comey ten days out, putting him in an impossible situation, would fit in with that.

Even if the anti-Clinton FBI people _did_ spring this on Comey, they had no power to force him to write a letter so lacking in information that it could easily be spun by the GOP as ‘no smoke without fire.’

He did that himself. For his own reasons.

> [@John\_Mace](#):
>
> I think there is a good argument to be made that Comey should not have released any information at all given how close we are to the election. I’m more on the side of accepting his explanation, but I can see the argument against it. I just think that the odds of it being leaked were close to 100%, and then the Trump supporters would be, more justifiably, screaming about a cover-up. …

_What_ could have leaked?

“We have Anthony Wiener’s laptop and we know his estranged wife sometimes used it, but we haven’t yet gotten a warrant to see what might be there. It’s possible there’s something that relates to Hillary Clinton!”

Wow. Earth-shaking.

(The _'he had to send the letter because if THIS had leaked, ermagerd!_’ theory of the Why of Comey is ridiculous and deserves to be laughed down each time it’s advanced.)

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