October 12, 2016: An unnamed high-ranking FBI official claims that the “vast majority” of agents working on the FBI’s Clinton email investigation believe Clinton should have been indicted.

The “high-ranking FBI official” speaks to Fox News on the condition of anonymity, but the person’s “identity and role in the case has been verified by FoxNews.com.” According to this source, “No trial level attorney agreed, no agent working the case agreed, with the decision not to prosecute” anyone in the investigation at all, but “it was a top-down decision” by FBI Director James Comey.

The source says that when it came to Clinton specifically, “It is safe to say the vast majority felt she should be prosecuted. We were floored while listening to the FBI briefing [on July 5, 2016] because Comey laid it all out, and then said ‘but we are doing nothing,’ which made no sense to us.” And while it might not have been a totally unanimous decision to recommend Clinton’s indictment, “It was unanimous that we all wanted her [Clinton’s] security clearance yanked.” However, even that never happened, despite it being standard procedure in similar cases.

The source adds that FBI agents were particularly upset that Comey unilaterally made the decision not to indict when the FBI’s role is merely to present an investigative report to the Justice Department. “Basically, James Comey hijacked the [Justice Department]’s role by saying ‘no reasonable prosecutor would bring this case.’ The FBI does not decide who to prosecute and when, that is the sole province of a prosecutor. … I know zero prosecutors in the [Justice Department]’s National Security Division who would not have taken the case to a grand jury. One was never even convened.” Without a grand jury, FBI agents were not allowed to issue subpoenas or search warrants and could only request evidence and interviews.

The source also complains that the FBI required its agents and analysts involved in the investigation to sign non-disclosure agreements. “This is unheard of, because of the stifling nature it has on the investigative process.”

Furthermore, immunity deals were made with five key figures in the investigation: Cheryl Mills, Bryan Pagliano, Paul Combetta, John Bentel, and Heather Samuelson. The source says none of them should have been granted immunity if no charges were being brought. “[Immunity] is issued because you know someone possesses evidence you need to charge the target, and you almost always know what it is they possess. That’s why you give immunity. … Mills and Samuelson receiving immunity with the agreement their laptops would be destroyed by the FBI afterwards is, in itself, illegal. We know those laptops contained classified information. That’s also illegal, and they got a pass.”

Additionally, “Mills was allowed to sit in on the interview of Clinton as her lawyer. That’s absurd. Someone who is supposedly cooperating against the target of an investigation [being] permitted to sit by the target as counsel violates any semblance of ethical responsibility.”

The source also comments, “Every agent and attorney I have spoken to is embarrassed and has lost total respect for James Comey and [Attorney General] Loretta Lynch. The bar for [the Justice Department] is whether the evidence supports a case for charges — it did here. It should have been taken to the grand jury.”

Finally, the source claims that many in the FBI and the Justice Department believe Comey and Lynch were motivated by ambition instead of justice. “Loretta Lynch simply wants to stay on as attorney general under Clinton, so there is no way she would indict. James Comey thought his position [heavily criticizing Clinton even as he decides against indicting her] gave himself cover to remain on as director regardless of who wins.”

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano, a former judge and judicial analyst for Fox News, also claims to know of many law enforcement agents involved with the Clinton email investigation who have similar beliefs. He says, “It is well known that the FBI agents on the ground, the human beings who did the investigative work, had built an extremely strong case against Hillary Clinton and were furious when the case did not move forward. They believe the decision not to prosecute came from the White House.” (Fox News, 10/12/2016)

The next day, Malia Zimmerman, a co-writer of the article, is questioned on Fox News television. She claims that she has been speaking to other disgruntled FBI agents as well. “They’re saying that the morale is very low and that a lot of them are looking for other jobs. They’re very disappointed. They feel like the agency has been polluted… and they’re embarrassed. They feel like they’ve been betrayed.”

She adds that some of her sources might be willing to speak on the record if they retire or change jobs, which some of them are in the process of doing. But they are currently worried about retaliation. “There are a lot of disgruntled agents, analysts, and [Justice Department] attorneys as well.” These people feel Clinton could have been charged for various reasons, but her 22 “top secret” emails made the most compelling case. (Fox News, 10/13/2016)

October 27, 2016: Comey is briefed and decides to announce the reopening of the FBI’s Clinton email investigation, but Justice Department officials are strongly opposed.

Abedin and Weiner leave their home separately, the day before the sexting scandal broke in September, 2016. (Credit: The Daily Mail)

Abedin and Weiner leave their home separately, the day before the sexting scandal broke in September, 2016. (Credit: The Daily Mail)

In early October 2016, FBI agents discovered 650,000 emails on a computer owned by Anthony Weiner, the husband of top Clinton aide Huma Abedin. Though the agents were investigating Weiner for something unrelated, they eventually brief FBI agents who had worked on the recently closed FBI Clinton email investigation, and those agents say they would like to have the legal permission to look at the emails themselves.

Apparently, FBI Director James Comey first learns about the emails in mid-October 2016. Then he is given an updated briefing about it on this day. He decides he should immediately inform Congress about the development, even though the 2016 US presidential election is less than two weeks away. He does so in a letter sent one day later, which immediately becomes public.

However, Justice Department officials are opposed. According to the New York Times, “Senior Justice Department officials did not move to stop him from sending the letter, officials said, but they did everything short of it, pointing to policies against talking about current criminal investigations or being seen as meddling in elections.”

James Comey (Credit: Getty Images)

James Comey (Credit: Getty Images)

According to the Times, Comey decides to write his letter “before agents even began reading the newly discovered emails to determine whether they contained classified information or added new facts to the case.” This puzzles Justice Department officials. Apparently, some agents were only able to analyze the metadata.

It has long been Justice Department and FBI policy that politics should play no role in any investigative decisions. This is particularly emphasized for any actions taken within 60 days prior to an election. (The New York Times, 10/29/2016)

One unnamed “US official familiar with the matter” tells Yahoo News that senior officials “strongly discouraged” Comey from sending the letter, due to that department policy, adding, “He was acting independently of the guidance given to him.” One government source says that high-ranking Justice Department officials are “apoplectic” about the letter.

However, after listening to the Justice Department’s concerns, Comey concludes that the ramifications of not telling Congress promptly about the new emails far outweigh concerns about the department guidelines. He fears if he doesn’t immediately alert Congress, the FBI’s work will leak to the media and he will be accused of concealing information. If the news comes out before the election, he will be accused of trying to influence the election one way, but if it comes out after the election, he will be accused of trying to influence it the other way. One unnamed senior official says, “This was the least bad choice.”

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George J. Terwilliger III (Credit: McGuire Woods)

Many will criticize Comey for the letter, including some Republicans. For instance, George J. Terwilliger III, a deputy attorney general under President George Bush (R), says, “There’s a longstanding policy of not doing anything that could influence an election. Those guidelines exist for a reason. Sometimes, that makes for hard decisions. But bypassing them has consequences. There’s a difference between being independent and flying solo.” (The New York Times, 10/29/2016) (Yahoo News, 10/29/2016)

Politico reports that according to an unnamed “official familiar with the discussions,” Attorney General Loretta Lynch does not speak directly with Comey about the issue. However, her concerns are conveyed to him before he sends the letter. In late June 2016, Lynch pledged to recuse herself from the email investigation after she was seen having a private discussion with Bill Clinton. (Politico, 10/31/2016)

October 28, 2016: Comey reveals the Clinton email investigation is at least partially reopened due to the discovery of Huma Abedin emails in an unrelated case, shocking the US presidential race just 11 days before the election.

FBI Director James Comey sends a letter to eight Congressional committees, informing them that emails relevant to the Clinton email investigation have surfaced in another unrelated case, causing at least a partial reopening of the investigation. This is a major political shock and an unprecedented action, since it comes just 11 days before the US presidential election.

Huma Abedin and husband Anthony Weiner (Credit: Elinor Carucci / Vanity Fair)

Huma Abedin and Anthony Weiner (Credit: Elinor Carucci / Vanity Fair)

Huma Abedin, one of Clinton’s longtime close aides and her deputy chief of staff during her tenure as secretary of state, is married to Anthony Weiner, a former Democratic Congressperson. However, she is estranged from him and began divorce proceedings against him two months earlier, due to his repeated sex scandals. In his most recent scandal, it is alleged he sent illicit text messages to a 15-year-old girl. This led to an FBI investigation, and his computer and electronic devices were seized by the FBI on October 3, 2016. When his computer was examined, it was determined that it had been used by both Abedin and Weiner, and thousands of Abedin’s emails were found that could be relevant to the Clinton email investigation. That discovery in turn led to Comey being briefed on October 27, 2016, and then his surprise announcement one day later.

The New York Times reports calls Comey’s letter an “October surprise” that has “rocked” the 2016 presidential race. It has “left Mrs. Clinton’s team furious and scrambling for explanations while bolstering the spirits of Donald J. Trump after a wave of controversies and Republican defections had led many to write him off.”

Comey writes a very short letter that fails to mention many details. It states, in full: “In previous Congressional testimony, I referred to the fact that the Federal Bureau of Investigation (FBI) had completed its investigation of former Secretary Clinton’s personal email server. Due to recent developments, I am writing to supplement my previous testimony.”

James Comey (Credit: public domain)

James Comey (Credit: public domain)

“In connection with an unrelated case, the FBI has learned the existence of emails that appear to be pertinent to the investigation. I am writing to inform you that the investigation team briefed me on this yesterday, and I agreed that the FBI should take appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to access their importance to our investigation.

“Although the FBI cannot yet assess whether or not this material may be significant, and I cannot predict how long it will take us to complete this additional work, I believe it is important to update your committees about our efforts in light of my previous testimony.” (The New York Times, 10/28/2016) (The New York Times, 10/28/2016)

Later the same day, Comey also sends a short letter to all FBI officials, explaining his decision to send the letter. It is immediately leaked to the public. In it, he says, “Of course, we don’t ordinarily tell Congress about ongoing investigations, but here I feel an obligation to do so given that I testified repeatedly in recent months that our investigation was completed. I also think it would be misleading to the American people were we not to supplement the record. At the same time, however, given that we don’t know the significance of this newly discovered collection of emails, I don’t want to create a misleading impression.  In trying to strike that balance, in a brief letter and in the middle of an election season, there is significant risk of being misunderstood, but I wanted you to hear directly from me about it.” (The Washington Post, 10/28/2016)

The New York Times further reveals that Comey was only briefed about the emails the day before, and they have not yet been closely examined. “A senior law enforcement official said that tens of thousands of emails belonging to Ms. Abedin were on Mr. Weiner’s laptop…” However, “Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server.” It is also unknown how many could be duplicates of previously known emails. (The New York Times, 10/28/2016)

The Washington Post reports, “The correspondence included emails between Abedin and Clinton, according to a law enforcement official.” (The Washington Post, 10/28/2016)

Clinton and other Democrats are highly critical of Comey’s letter while Trump and other Republicans praise it.

October 30, 2016: The FBI obtains a warrant for Huma Abedin’s recently discovered emails and immediately begins analyzing them.

The cover of the New York Post on October 29, 2016. (Credit: New York Post)

The cover of the New York Post on October 29, 2016. (Credit: New York Post)

When FBI Director James Comey informed Congress on October 28, 2016 that the Clinton email investigation was at least partially reopening due to newly discovered evidence, the agents who had been working on the investigation didn’t have the legal clearance to see the evidence. Possibly previously unknown emails sent to and from Clinton aide Huma Abedin were found on a computer belonging to her husband Anthony Weiner, due to an FBI investigation into his alleged sexual texting to an underaged girl.
Immediately after Comey sends the letter to Congress, the FBI and the Justice Department begin working on getting a search warrant from a judge so the FBI agents from the Clinton email investigation can read the emails. Two days later, on October 30, 2016, the warrant is obtained.

The FBI immediately begins working to analyze the emails and learn as much as possible about them before the US presidential election on November 8, 2016, little more than a week away. One unnamed federal law enforcement official says, “The process has begun.”

The New York Times reports that although “agents had discovered hundreds of thousands of Ms. Abedin’s emails on her husband’s computer [out of an estimated 650,000 emails], but investigators expected to seize only a portion of the total. Agents will have probable cause to search only the messages related to the Clinton investigation. Some of Ms. Abedin’s emails passed through Mrs. Clinton’s private server, officials said, which means there is a high likelihood that the FBI has already read them.”

It is not clear what the scope of the search warrant is, for instance, if it only covers emails from the time Clinton was secretary of state, or if it includes emails from the years afterwards, which might show evidence of a cover-up.

The Times also reports that “senior Justice Department officials said they would make all resources available to conduct the investigation as quickly as possible, saying Mr. Comey’s letter — just days before the election — gave the matter an unprecedented urgency.” (The New York Times, 10/31/2016)

October 30, 2016: 650,000 emails have allegedly been recently discovered by the FBI, many belonging to Huma Abedin, though many could be duplicates or unrelated.

Abedin and Weiner at the Metropolitan Museum of Art Costume Institute Gala in May, 2016. (Credit: Reuters)

On October 28, 2016, FBI Director James Comey announced at least a partial reopening of the Clinton email investigation due to newly discovered evidence, but initial media accounts conflicted over what exactly was found. On this day, the Wall Street Journal reports: “Investigators found 650,000 emails on a laptop that they believe was used by former [Representative] Anthony Weiner and his estranged wife Huma Abedin, a close Clinton aide, and underlying metadata suggests thousands of those messages could have been sent to or from the private server that Mrs. Clinton used while she was secretary of state, according to people familiar with the matter.”

The Journal claims that although the FBI has received a search warrant since Comey’s announcement so the agents involved with the FBI’s Clinton email investigation can look at the newly discovered emails, “It will take weeks, at a minimum, to determine whether those messages are work-related from the time Ms. Abedin served with Mrs. Clinton at the State Department; how many are duplicates of emails already reviewed by the FBI; and whether they include either classified information or important new evidence in the Clinton email probe.”

The emails “stretched back years,” and were found a computer laptop previously unknown by the Clinton email investigation. “Many of the 650,000 emails” are from Abedin’s email accounts, according to anonymous sources. Metadata shows that “many messages, apparently in the thousands,” were either sent to or from Clinton’s private email server. (Both Abedin and Clinton had email accounts hosted on the server.)

The Journal also depicts a long-standing dispute between the FBI, wanting to aggressively pursue leads, and the Justice Department, which often fails to give the FBI the legal approval to do so. (The Wall Street Journal, 10/30/2016)

October 30, 2016: The Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, but the Justice Department hasn’t given it investigative powers.

Little Rock FBI Field Office (Credit: public domain)

Little Rock FBI Field Office (Credit: public domain)

In January 2016, Fox News reported that the FBI had an on-going investigation into the Clinton Foundation, but this generally wasn’t reported or discussed in other media outlets. In August 2016, the Daily Caller reported on the FBI’s Clinton Foundation investigation, but this also wasn’t generally reported otherwise. For instance, a CNN story that same month asserted the investigation didn’t exist.

On this day, the Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, and provides many new details about it. The investigation began some time before October 2015. By February 2016, four FBI field offices were collecting information about the foundation to see if there is evidence of financial crimes or influence-peddling:

  • The Los Angeles office developed an interest in the Clinton Foundation from an unrelated public-corruption case and has issued some subpoenas for bank records related to the foundation.
  • The Washington, DC, office is investigating financial relationships involving Virginia Governor Terry McAuliffe (D), who has been a Clinton Foundation board member.
  • The New York office has done the most work regarding the foundation.
  • The Little Rock, Arkansas, office has had some role, probably due to the Clintons’ ties in Arkansas, where Bill Clinton was governor.
The Jacob K. Javits Federal Building is home to the FBI field agents in New York, New York. (Credit: public domain)

FBI Field Office in New York, New York. (Credit: public domain)

In mid-July 2016, the New York office took charge of the investigation, with the Little Rock office providing assistance.

However, the Journal also reports that senior Justice Department officials have “repeatedly voiced skepticism of the strength of the evidence in [the FBI’s foundation investigation], sought to condense what was at times a sprawling cross-country effort, and, according to some people familiar with the matter, told agents to limit their pursuit of the case.”

Additionally, “Some investigators grew frustrated, viewing FBI leadership as uninterested in probing the charity, these people said. Others involved disagreed sharply, defending FBI bosses and saying [FBI Deputy Director Andrew] McCabe in particular was caught between an increasingly acrimonious fight for control between the Justice Department and FBI agents pursuing the Clinton Foundation case.”

In February 2016, FBI agents presented their evidence on the foundation to senior Justice Department officials. But those officials decided not to give the investigation the legal backing to convene a grand jury, which means investigators don’t have subpoena or search warrants power. However, the investigators have continued without that power, apparently collecting much of their evidence from publicly available information.

This situation has apparently continued ever since, with the investigation continuing but hobbled due to the lack of the legal powers given by a grand jury. According to the Journal paraphrasing an unnamed official, “the [New York] FBI office [is] eager to pour more resources into [the] case and Justice Department prosecutors [don’t] think much of the case…” (The Wall Street Journal, 10/30/2016)

FBI Miami Field Office (Credit: public domain)

FBI Miami Field Office (Credit: public domain)

Also on October 30, 2016, the Daily Caller will allege there is a fifth FBI field office – the Miami, Florida office – involved in the investigation.

Additionally, later on the same day, the Clinton Foundation denies knowledge of any government investigation targeting them.

However, the Washington Post confirms the Wall Street Journal’s claims. The Post emphasizes that the investigation has been blocked by the Justice Department’s public integrity section prosecutors, who are not politically appointed. (The Washington Post, 10/30/2016)

October 31, 2016: FBI investigators believe some newly discovered Huma Abedin emails were deleted from Clinton’s private server before the FBI took possession of it.

Three days after FBI Director James Comey made his surprise announcement that the FBI is at least partially reopening the FBI’s Clinton email investigation due to the discovery of emails belonging to Clinton aide Huma Abedin, CNN reports that FBI agents still don’t know what is in the emails. However, it has been reported that at least some of the email metadata has been examined, and “Investigators believe it’s likely the newly recovered trove will include emails that were deleted from the Clinton server before the FBI took possession of it as part of that earlier investigation.”

The FBI took possession of one version of the server in August 2015 and a newer version of the server in October 2015.

Also, “investigators saw enough of the emails to determine that they appeared pertinent to the previously completed [Clinton email] investigation and that they may be emails not previously reviewed. [But] because they didn’t have a warrant specific to Abedin’s emails, [they] weren’t able to further examine them.”

However, “FBI officials don’t yet know how many of the emails are duplicates of emails they already have reviewed as part of the Clinton email server investigation and whether any of them may contain classified information.” (CNN, 10/31/2016)

October 31, 2016: FBI Director Comey may be facing a “rebellion” of rank and file FBI agents.

Politico speculates that FBI Director James Comey may have reopened the FBI’s Clinton email investigation on October 28, 2016 at least in part as a response to FBI agents who have been critical of how the investigation was handled. “Comey is also facing dissent from his traditionally conservative rank-and-file agents over the decision in July [2016] not to recommend charges in the Clinton email case. It’s unclear whether that played any role in his decision to essentially announce last week’s development.”

Emily Pierce (Credit: public domain)

Emily Pierce (Credit: public domain)

An unnamed “former FBI top official who has worked on similar investigations” says, “The stuff about a rebellion going on inside the [FBI] is absolutely true, but that’s not going to influence his decision. He loves his troops, but it’s not a fair judgment that that’s why he did it.” (Politico, 10/31/2016)

Former Justice Department spokesperson Emily Pierce says that Comey has “come under a lot of criticism from his own people for how he’s handled this. He’s trying to gain back some of their respect. … His ability to do what he does largely depends on the respect within his own ranks. He often does things because he’s trying to prove his bona fides to his rank and file. I think that’s part of it.” (Politico, 10/28/2016)

Between October 6 and 17, 2016, the New York Post, Fox News, and the Daily Caller reported on FBI agents, usually unnamed, who are upset with Comey and the FBI’s Clinton email investigation.

October 31, 2016: The FBI begins analyzing Huma Abedin’s newly discovered emails.

Abedin crying after learning the FBI has re-opened the Clinton email investigation. (Credit: public domain)

Abedin’s reaction is captured after learning the FBI has re-opened the Clinton email investigation. (Credit: public domain)

On October 30, 2016, the FBI obtained a search warrant, allowing its agents who had taken part in the FBI’s Clinton email investigation to have access to hundreds of thousands of emails belonging to top Clinton aide Huma Abedin. According to the New York Times, by the next day, the FBI begins using a special computer program that can help FBI analysts determine whether the emails contain classified information.

Clinton turned over about 30,000 of her emails to the State Department in December 2014, and deleted about another 31,000. The FBI recovered about 17,000 of those deleted emails during its investigation, which concluded in July 2016. The program should allow analysts to learn relatively quickly how many emails are previously known copies. Abedin also had an email account on Clinton’s server, and there are thousands of her emails not sent to or from Clinton, but their exact number is unknown.

Abedin is seen arriving at Clinton's campaign headquarters in Brooklyn, NY, two days after the FBI reopened the Clinton email case. (Credit: Jae Donnelly / The Daily Mail)

Abedin is seen arriving at Clinton’s campaign headquarters in Brooklyn, NY, two days after the FBI reopened the Clinton email case. (Credit: Jae Donnelly / The Daily Mail)

One unnamed “senior law enforcement official” says, “This is not a manpower issue. It’s an issue of getting the emails into a program that can allow agents to look at them.”

The FBI is under intense pressure to complete its review before the US presidential election on November 8, 2016, just over one week away. However, if previously unknown emails are discovered, it could take weeks or months for various government departments to confer and agree upon their classification status.

If more classified emails are found, that likely will not cause new legal difficulties for Clinton or Abedin, because many such emails already were found, but FBI Director James Comey said that he wouldn’t recommend any indictments without evidence of criminal intent.

The Times comments that “What could cause problems for Ms. Abedin — and by extension Mrs. Clinton — is if the FBI finds evidence that anyone tried to conceal these new emails from investigators. Ms. Abedin has said she turned over all her emails to the FBI months ago and does not know how emails ended up” on the computer owned by her estranged husband Anthony Weiner.
(The New York Times, 10/31/2016)

November 1, 2016: The FBI never asked Clinton’s aides for all their computers and mobile devices.

Politico reports that the FBI never asked Clinton’s top aides for their computers and mobile devices as part of the FBI’s Clinton email investigation. An unnamed source familiar with the investigation says, “No one was asked for devices by the FBI.”

Because the investigation didn’t have subpoena power, it could only ask for people to cooperate, or make immunity deals with them. The FBI did make an effort to get Clinton’s computers and mobile devices, and made immunity deals with Clinton lawyers Cheryl Mills and Heather Samuelson to get their computer laptops, but FBI requests didn’t go much beyond that.

Bob Goodlatte (Credit: Bill O'Leary / Getty Images)

Bob Goodlatte (Credit: Bill O’Leary / Getty Images)

Bob Goodlatte (R), chair of the House Judiciary Committee, says, “The more we learn about the FBI’s initial investigation into Secretary Clinton’s unauthorized use of a private email server, the more questions we have about the thoroughness of the investigation and the administration’s conclusion to not prosecute her for mishandling classified information.”

Politico suggests that the FBI might not have asked for what Clinton’s aides possessed because of a focus on Clinton and her server and mobile devices. “It’s also possible the FBI or prosecutors elected not to demand all the Clinton aides’ computers and other electronics because doing so might have triggered a legal battle that could have slowed the probe.”

The issue about what Clinton’s aides may have possessed came to the fore after the FBI reopened the Clinton email investigation after emails belonging to top Clinton aide Huma Abedin were discovered on a computer owned by her estranged husband Anthony Weiner. In an April 2016 FBI interview and then in a public deposition in a Freedom of Information Act (FOIA) lawsuit in June 2016, Abedin said she gave her lawyers all devices she thought might contain State Department-related emails. However, it appears no government entity ever asked for any of her devices, so her lawyers never gave them up to anyone.

Abedin was asked for all her work-related emails from her time in the State Department in another FOIA lawsuit, but not the computers or devices the emails were stored on.

The same appears to be true for other top Clinton aides like Cheryl Mills, Jake Sullivan, Bryan Pagliano, and others, with the few exceptions noted above.(Politico, 11/1/2016)

November 2, 2016: It is revealed that the FBI and Justice Department agreed not to have grand jury subpoenas for the Clinton email investigation, arguing that would lead to a faster conclusion.

CNN reports, “During the Clinton email server investigation, investigators and prosecutors debated whether to issue subpoenas to Clinton’s aides, officials say. Leaders at the FBI and at the Justice Department thought it would be faster to come to voluntary agreements with aides. Subpoenas could cause delays, particularly if litigation is necessary, officials said. And the FBI and Justice Department wanted to try to complete the probe and get out of the way of the 2016 election.”

Presumably this meant it was agreed not to get Justice Department approval to empanel a grand jury, because an FBI investigation cannot issue subpoenas without the legal authority of a grand jury.  (CNN, 11/2/2016)

Two days earlier, Senator Charles Grassley (R) sent FBI Director James Comey a letter asking for an official answer regarding this issue. Comey hinted in September 2016 that he didn’t seek a grand jury in the interest of quickly concluding the investigation.