Although the FBI’s Clinton email investigation was closed in July 2016, the FBI’s Clinton Foundation investigation continues, though it never has had grand jury backing and thus no subpoena power.
The email investigation uncovered many thousands of emails on non-government computers belonging to Clinton and some of her aides, and many of these same people had obvious roles with the Clinton Foundation. As a result, sometime in September 2016, Clinton Foundation investigators ask to have access to the emails found in the Clinton email investigation.
But that request is rejected by prosecutors at the Eastern District of New York. According to the Wall Street Journal, “Those emails were given to the FBI based on grants of partial immunity and limited-use agreements, meaning agents could only use them for the purpose of investigating possible mishandling of classified information. Some FBI agents were dissatisfied with that answer, and asked for permission to make a similar request to federal prosecutors in Manhattan, according to people familiar with the matter.”
However, Deputy FBI Director Andrew McCabe allegedly tells them no and says they can’t “go prosecutor shopping.”
In early October 2016, a different FBI investigation will find emails belonging to Clinton aide Huma Abedin on a previously unknown computer, leading to a different legal issue about sharing information between various FBI investigations.
It appears the FBI’s Clinton Foundation investigation still has not been given access to the possibly relevant emails found by the Clinton email investigation. (The Wall Street Journal, 10/30/2016)