# FBI is re-opening investigation into Clinton's email **URL:** \ **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:** 23
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [October 31, 2016, 11:48am UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/441 "2016-10-31T11:48:10Z")
I suppose in the real world that’s true, but there are costs to doing such things. Besides, Obama is going to make Clinton fight her own battles. He’s not going to take a hit to his legacy by taking such a cowardly action himself. Clinton doesn’t care about appearances, let her take revenge herself. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [October 31, 2016, 11:59am UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/442 "2016-10-31T11:59:33Z")
[Sure is funny how Trump found religion about retaining emails](http://www.newsweek.com/2016/11/11/donald-trump-companies-destroyed-emails-documents-515120.html) A good read and a little clip to show how impressed the judiciary is with Trump’s claims: > [@](#): > > In a March 2006 response, Trump’s lawyers argued that the emails and other electronic documents had not been produced because the company didn’t have them. They claimed it had no servers until 2001—the year Trump claimed he had learned of the Power Plant project. They also claimed Trump Hotels had no policy regarding retaining documents until 2003. In other words, they hadn’t turned over any emails because no emails had been saved on a Trump server. > > Judge Jeffrey Streitfeld reacted with near disbelief. “I don’t have the patience for this,” he said. “This has been going on too long to have to listen—and I don’t mean to be disrespectful—to this double-talk. There has to be an attitude adjustment from the plaintiff.” ---
**Author:** ![GreenWyvern](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/greenwyvern/32/2834_2.png) [@GreenWyvern](https://boards.straightdope.com/u/GreenWyvern)\ **Post date:** [October 31, 2016, 12:47pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/443 "2016-10-31T12:47:13Z")
Strange thing. Clinton is accused of _potentially_ keeping classified information on a private server, and _potentially_ emailing people about public business off the record. She has never actually been charged with any crime, never mind being found guilty of anything. Trump, on the other hand has two real criminal cases pending against him, one for fraud (Trump ‘university’) and one for rape. Apparently, to the US media, the one is very, very, very serious and the other is a storm in a teacup. Except they’ve got it the wrong way round. Talk about media bias! No - I’ll never understand American politics, or American lack of common sense. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [October 31, 2016, 12:53pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/444 "2016-10-31T12:53:35Z")
> [@GreenWyvern](#): > > No - I’ll never understand American politics, or American lack of common sense. For real. I wish I lived in your country, where politics was all reasonable and common sense was a universal birthright! Er…what country is that, again? ---
**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\ **Post date:** [October 31, 2016, 1:06pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/445 "2016-10-31T13:06:12Z")
> [@Honey](#): > > My hope is that they find no evidence of wrongdoing, and we can put this to bed for good. Then maybe the pubs will shut the fuck up about it. > > I think it’s too close to election day, and the investigation will take too long, to have a serious effect on Hillary’s campaign. I hope I’m right. > > My first thought was, “who did Trump pay off to make _this_ happen?”. Then I read that there were emails found that were “pertinent” to the investigation. With any luck, Clinton will be arrested before Election Day. Let’s all cross our fingers. The investigation should never have been stopped in the first place and she should already have gone to jail. ---
**Author:** ![crucible](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@crucible](https://boards.straightdope.com/u/crucible)\ **Post date:** [October 31, 2016, 1:10pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/446 "2016-10-31T13:10:50Z")
Every last public official would, if their emails and other communications were dumped out into the public square, be mightily embarrassed, if not criminally culpable. There is nothing in the Clinton email situation that is criminal except, if you look at it with partisan eyes, having a private server after such time as it was decided by congress? that all public officials must use government servers… Why, then, are any of the contents of anyone’s communication devices, including emails, released for public consumption? Why is the opposition so unable to mount an attack on Clinton’s proposed actions as POTUS that they can only continue to stomp on the depleted subject of ‘emails, emails, emails’? Why would any FBI director think it was ethical or, even, legal to insinuate at any point, let alone now, that there may be damning information in a laptop not even belonging to HRC? Damned foolish, I say. I want Clinton in the White House, attempting to get the Democrat Platform implemented. I want Trump to pay huge sums in damages for his shady business practices and long ago diddling of a child, if that can be proved to the satisfaction of a civil court. If I get my wish, fine. But recent events are just more evidence of the low IQ of many voters and the absolute slavish dedication of the news media to trying to drag every candidate through the mud for the sake of ratings. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [October 31, 2016, 1:16pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/447 "2016-10-31T13:16:14Z")
> [@Clothahump](#): > > With any luck, Clinton will be arrested before Election Day. Let’s all cross our fingers. > > The investigation should never have been stopped in the first place and she should already have gone to jail. So when even a Republican stooge FBI director says there was no case for prosecution, they should have pressed on? What would you have charged her with? ---
**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\ **Post date:** [October 31, 2016, 1:34pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/448 "2016-10-31T13:34:43Z")
> [@GreenWyvern](#): > > Strange thing. > > Clinton is accused of _potentially_ keeping classified information on a private server, and _potentially_ emailing people about public business off the record. She has never actually been charged with any crime, never mind being found guilty of anything. > > Trump, on the other hand has two real criminal cases pending against him, one for fraud (Trump ‘university’) and one for rape. > > Apparently, to the US media, the one is very, very, very serious and the other is a storm in a teacup. Except they’ve got it the wrong way round. Talk about media bias! > > No - I’ll never understand American politics, or American lack of common sense. The FBI determined she definitely did keep classified information on a private server, and that lied when she said she hadn’t. That is not in dispute. The FBi’s decision not to prosecute was based largely on Comey’s reading of what her intentions were. In converse, Trump is facing lawsuits, not criminal cases. Since pretty much anyone can file suit against anyone for anything, the fact that someone is being sued doesn’t mean much, especially since the rape suit was already dismissed once. You may want to get the facts clear before forming opinions. ---
**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 31, 2016, 1:43pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/449 "2016-10-31T13:43:59Z")
> [@GreenWyvern](#): > > Strange thing. > > Clinton is accused of _potentially_ keeping classified information on a private server, and _potentially_ emailing people about public business off the record. She has never actually been charged with any crime, never mind being found guilty of anything. > > Trump, on the other hand has two real criminal cases pending against him, one for fraud (Trump ‘university’) and one for rape. > > Apparently, to the US media, the one is very, very, very serious and the other is a storm in a teacup. Except they’ve got it the wrong way round. Talk about media bias! > > No - I’ll never understand American politics, or American lack of common sense. It might help you understand if you got the facts straight. As you say, Clinton has not been criminally charged with anything. But that’s also true of Trump. There is a civil laws suit pending re Trump U, but no criminal charges. Nor has he been charged with rape. ---
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [October 31, 2016, 1:45pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/450 "2016-10-31T13:45:29Z")
> [@GreenWyvern](#): > > Trump, on the other hand has two real criminal cases pending against him, one for fraud (Trump ‘university’) and one for rape. More than two - he’s up on fraud and racketeering charges in California and fraud in New York for his University, plus the rape case - but IIRC they’re all civil cases at this point, not criminal. I suspect there’s also some sort of tax fraud charge coming with regard to the Trump Foundation given some of the more blatant abuses, but again I doubt there’s anything that would land him in jail - a big fine will likely be the outcome of any wrongdoing identified. And of course the various lawsuits for non-payment and assorted other misbehaviors roll on. I read recently he’s got 75 lawsuits currently outstanding against him. I guess that just shows what a great businessman he is. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [October 31, 2016, 1:54pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/451 "2016-10-31T13:54:36Z")
We don’t actually know if Trump is being criminally investigated. Outside the world of Clinton double standards, prosecutors don’t normally hold press conferences about such things. The NY AG is investigating the Trump Foundation, including potential criminal conduct in bribing Pam Bondi in FL. It’s also worth pointing out that a lot of the rest of **furt’s** post is false. The FBI did not determine that Clinton lied, no matter how many times Drudge tries to tell you that. And the determination that there wasn’t enough evidence to prosecute is not fairly described as “Comey’s reading of what her intentions were.” ---
**Author:** ![Common\_Tater](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/common_tater/32/13846_2.png) [@Common\_Tater](https://boards.straightdope.com/u/Common_Tater)\ **Post date:** [October 31, 2016, 1:54pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/452 "2016-10-31T13:54:55Z")
The “no intent” sophistry trotted out never made any sense. Intent has got nothin’ to do with it. Negligence with respect to handling classified data, compartmentalized data, satellite imagery etc etc is just jaw droppingly stupid. It’s simply inexplicable why anyone would do something like this. ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [October 31, 2016, 1:58pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/453 "2016-10-31T13:58:36Z")
> [@asahi](#): > > I don’t think Comey should be fired. There is no evidence that Comey did anything illegal. Harry Reid claiming the Hatch Act was violated doesn’t make it so. It just makes Harry Reid look like a blithering partisan idiot and given the electoral significance of his state I think he ought to be striking a different tone. > > There’s a way out and that is to try to move past it, ask for greater transparency, and run out the election clock. But using naked partisan politics to impugn the integrity of a federal agency that largely enjoys the public trust is a really bad move, and it also exacerbates whatever partisan wars are already going on within the agency. The question of whether Reid’s claim is politically smart or not is separate from the question of whether it has merit. IANAL, but Richard Painter is, and in that capacity he obviously feels it does. The central question is not the impact of Comey’s letter which is obvious, but his intent in writing it, and specifically what appears to be a crafted vagueness, where he must surely have known that the worst possible interpretations would be put on a statement that contains virtually no actual information, and which could have been phrased in much more neutral and less ominous terms. Comey’s judgment is sufficiently in question that it’s not unreasonable IMHO to have it looked at by the Office of Special Counsel WRT the Hatch Act, and he should also be required (IMHO) to issue a much more specific clarifying statement to put to rest some of the really absurd spin that the Republicans are putting on it. The public is entitled to a fair and impartial presentation of the facts, not Trump’s typically delusional version of them. The silence from Comey as Trump spins this into one whopper of a lie after another is extraordinary. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [October 31, 2016, 2:01pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/454 "2016-10-31T14:01:16Z")
> [@Common\_Tater](#): > > The “no intent” sophistry trotted out never made any sense. Intent has got nothin’ to do with it. Negligence with respect to handling classified data, compartmentalized data, satellite imagery etc etc is just jaw droppingly stupid. It’s simply inexplicable why anyone would do something like this. No _criminal_ intent. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [October 31, 2016, 2:02pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/455 "2016-10-31T14:02:55Z")
I > [@Common\_Tater](#): > > The “no intent” sophistry trotted out never made any sense. Intent has got nothin’ to do with it. Negligence with respect to handling classified data, compartmentalized data, satellite imagery etc etc is just jaw droppingly stupid. It’s simply inexplicable why anyone would do something like this. t’s notbreally sophistry, it’s precedent. Comey explaned it: > [@](#): > > I’m happy to go through the cases in particular. In our system of law, there’s a thing called mens rea. It’s important to know what you did, but when you did it, this Latin phrase, mens rea, means what were you thinking? We don’t want to put people in jail unless we prove that they knew they were doing something they shouldn’t do. That is the characteristic of all the prosecutions involving mishandling of classified information. > > There is a statute that was passed in 1917 that on its face makes it a crime, a felony for someone to engage in gross negligence. So that would appear to say, well, maybe in that circumstance you don’t need to prove they knew they were doing something that was unlawful, maybe it’s enough to prove that they were just really, really careless beyond a reasonable doubt. At the time Congress passed that statute in 1917, there was a lot of concern in the House and the Senate about whether that was going to violate the American tradition of requiring that before you’re going to lock somebody up, you prove they knew they were doing something wrong. So there was a lot of concern about it. The statute was passed. > > As best I can tell, the Department of Justice has used it once in the 99 years since, reflecting that same concern. I know from 30 years with the Department of Justice they have grave concerns about whether it’s appropriate to prosecute somebody for gross negligence, which is why they have done it once that I know of in a case involving espionage. And so when I look the facts we gathered here, as I said, I see evidence of great carelessness, but I do not see evidence that is sufficient to establish that Secretary Clinton or those with whom she was corresponding both talked about classified information on email and knew when they did it they were doing something that was against the law. So given that assessment of the facts, my understanding of the law, my conclusion was and remains: No reasonable prosecutor would bring this case This story was only on page 10 of the Monday edition of the Houston Chronicle,fyi. ---
**Author:** ![Common\_Tater](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/common_tater/32/13846_2.png) [@Common\_Tater](https://boards.straightdope.com/u/Common_Tater)\ **Post date:** [October 31, 2016, 2:04pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/456 "2016-10-31T14:04:21Z")
The “no intent” sophistry trotted out by Director Comey never made any sense. Intent has no relevance whatsoever with respect to negligence when handling sensitive top secret and confidential data, sources, methods, human assets, satellite imagery. It’s just jaw droppingly stupid that anyone thought this was OK. The unsecured servers alone are felonies, it’s all black letter federal law laid out in the USC 18 Whatever the latest atrocities have been revealed by investigators in the kiddie diddling Weiner case must be REALLY bad, for this to come out 11 days before the election, so bad they couldn’t ignore it, spin it, etc. The alternative - doing nothing, was far worse. ---
**Author:** ![furt](https://avatars.discourse-cdn.com/v4/letter/f/439d5e/32.png) [@furt](https://boards.straightdope.com/u/furt)\ **Post date:** [October 31, 2016, 2:05pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/457 "2016-10-31T14:05:52Z")
> [@Richard\_Parker](#): > > It’s also worth pointing out that a lot of the rest of **furt’s** post is false. The FBI did not determine that Clinton lied, no matter how many times Drudge tries to tell you that. > [@](#): > > Gowdy: Good morning, Director Comey. Secretary Clinton said she never sent or received any classified information over her private e-mail, was that true? > > Comey: Our investigation found that there was classified information sent. > > Gowdy: It was not true? > > Comey: That’s what I said. > > … > > Gowdy: Secretary Clinton said “I did not e-mail any classified information to anyone on my e-mail there was no classified material.” That is true? > > Comey: There was classified information emailed. If you wanna hang your hat on the fact that Comey was too discreet to use the word “lie,” knock yourself out. ---
**Author:** ![Common\_Tater](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/common_tater/32/13846_2.png) [@Common\_Tater](https://boards.straightdope.com/u/Common_Tater)\ **Post date:** [October 31, 2016, 2:11pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/458 "2016-10-31T14:11:32Z")
> [@running\_coach](#): > > No _criminal_ intent. A distinction without a difference. There is no excuse. Numerous people are in prison for doing far less, in any case. The whole thing is absolutely absurd and surreal on its face, that anyone would try to defend these actions. ---
**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 31, 2016, 2:12pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/459 "2016-10-31T14:12:43Z")
> [@furt](#): > > If you wanna hang your hat on the fact that Comey was too discreet to use the word “lie,” knock yourself out. You have to be careful, **furt**. While those statements were not true, we don’t know that Clinton intentionally lied. It’s an important distinction in this type of discussion. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [October 31, 2016, 2:12pm UTC](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950/460 "2016-10-31T14:12:55Z")
> [@Clothahump](#): > > With any luck, Clinton will be arrested before Election Day. Let’s all cross our fingers. > > The investigation should never have been stopped in the first place and she should already have gone to jail. Innocent until proven guilty is for proud conservative Americans. Liberals/communists are automatically guilty, and don’t deserve due process or even a trial. Execute them all! [Previous page](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950.md?page=22) [Next page](https://boards.straightdope.com/t/fbi-is-re-opening-investigation-into-clintons-email/769950.md?page=24)