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James Comey, Hillary Clinton, and the Email Investigation: A

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Entire article at:

https://www.lawfareblog.com/james-comey-hillary-clinton-and-email-investigation-guide-perplexed
By Jack Goldsmith, Benjamin Wittes
Saturday, October 29, 2016

James Comey, Hillary Clinton, and the Email Investigation: A Guide for the Perplexed

Yesterday, FBI Director James Comey threw the presidential election campaign into turmoil with a letter to Congress declaring that the Clinton email matter was, perhaps, not entirely done after all.

Ben analyzed this disclosure yesterday, and a great deal of digital ink has been spilled both blasting Comey’s decision and trying to figure out what it means.

The Clinton forces are furious, with the candidate declaring that “we are 11 days out from perhaps the most important national election of our lifetimes, voting is already underway in our country, so the American people deserve to get the full and complete facts immediately,” and campaign chairman John Podesta saying, “It is extraordinary that we would see something like this just 11 days out from a presidential election.”

The Trump forces, meanwhile, are triumphant, with Trump—who only recently was calling the FBI corrupt—saying, “I have great respect for the fact that the FBI and the Department of Justice are now willing to have the courage to right the horrible mistake that they made. This was a grave miscarriage of justice that the American people fully understood, and it is everybody’s hope that it is about to be corrected.” The chant from Trump’s crowd yesterday: “Lock Her Up!”

Below are eighteen questions on the subject of the campaign, the email investigation, and the actions taken by Comey and the FBI, along with our views as to the answers.

Full disclosure: We know Director Comey personally and one of us has worked with him in prior government service. Of course, we are writing this on our own behalf, not his, and stating only our own views of these matters.

cont.
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>>81388

1) What was Comey’s original non-prosecution decision this summer?

2) What was the impact of Comey’s recommendation?

3) Was Comey’s recommendation of non-prosecution reasonable?

4) Was it unusual for Comey to announce his recommendation in public and explain his rationale?

5) Why did he do it, and was he justified in doing it?

6) Was Comey shilling for Clinton when he made his non-prosecution decision?

7) Was Comey shilling for Republicans when he critically described Clinton’s conduct?

8) Was it right for Comey subsequently testify before Congress about his decision?

9) Should Comey have publicly released so many documents about the investigation?

10) What is the relationship between the Anthony Weiner sexting investigation and the email investigation?

11) What did Comey do or say yesterday?

12) Is Comey a political hack shilling for Trump?

13) Did Comey reopen the email investigation?

14) Does the letter mean the FBI has found something explosive and seriously incriminating about Clinton?

15) Did Comey breach law enforcement norms by sending yesterday’s letter?

16) Should Comey, having said what he said yesterday, now say more?

17) Does this episode show that the FBI is political?

18) Should Hillary Clinton be happy or angry about what Comey did?

FIN
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