October 28, 2016: Former FBI officials argue that Comey wouldn’t have reopened the Clinton email investigation so soon before the presidential election unless there was substantial new evidence.

After FBI Director James Comey reopens the FBI’s Clinton email investigation on October 28, 2016, there is much public debate why he would this given that there are only 11 days before the US presidential election. Politico reports that some FBI officials claim that it is “inconceivable to them that Comey would announce such a development because of some incremental or cumulative information in such a high-wattage case.”

One unnamed former FBI official says, “It never happens. Once you vacate a high-profile case, unless there’s some very significant omission, they won’t [reopen] it. … Comey’s not that way. He’s a very practical man. It must be something that goes to the substance. It can’t be cumulative. He’s not a grandstander… It’s not his style.”

Another unnamed “former high-ranking FBI official” says, “The only reason he’d do it is if he had something very pertinent. Certainly, 11 days before an election it could well affect the outcome. It just doesn’t make much sense without something very substantive.” (Politico, 10/28/2016)

October 29, 2016: The FBI does have a Clinton Foundation investigation, and Huma Abedin’s newly discovered emails could be useful to it.

Tom Fuentes (Credit: CNN)

Tom Fuentes (Credit: CNN)

Tom Fuentes is a former assistant FBI director at the FBI and a CNN analyst. He says, “The FBI has an intensive investigation, ongoing, into the Clinton Foundation. … [Clinton aide] Huma Abedin and her role in the foundation, and possible allegations concerning the activities of the secretary of state [Clinton] in the nature of the foundation, and possible pay to play – that’s still being looked at. Now you have her emails on a computer where the FBI already has a separate case going for Anthony Weiner’s alleged activities with a minor girl on that case. So, in a sense, it’s almost turned into a one-stop shopping for the FBI as they could have implications affecting three separate investigations on one computer.”

He adds that “Her emails are not just related to the email Clinton [investigation]. That part’s being reopened. The Clinton Foundation case didn’t need to be reopened, it’s never been closed. That’s on-going.”

When asked what his source for this is, he says, “Senior officials at the FBI, several of them, in and out of the bureau.”

In August 2016, CNN reported that there was no FBI Clinton Foundation investigation. But just one day after Fuentes’ comments, both the Wall Street Journal and the Washington Post will confirm the claims made by Fuentes. (CNN, 10/29/2016)

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 supervisor of the FBI’s Clinton email investigation is revealed.

Michael Steinbach (Credit: public domain)

Michael Steinbach (Credit: public domain)

It is reported that Michael Steinbach recently spoke at a meeting of the Washington, DC, chapter of the Society of Former FBI Agents. Steinbach is the FBI’s executive assistant director in charge of national security investigations.

According to one former FBI agent who attended the meeting, Steinbach said that he supervised the FBI’s Clinton email investigation, though FBI Director James Comey made the final decision on whether to recommend an indictment or not. It is unclear if Steinbach was the sole supervisor of the investigation or if there were others of his similar authority.

He claims that about 25 FBI employees worked on the investigation. He says that all of them agreed with Comey’s decision not to recommend an indictment. Furthermore, contrary to media reports, there has been no rebellion of FBI agents due to dissatisfaction with the investigation. He staunchly supports everything Comey has done, and finds no fault with any aspect of the investigation. (The Washington Times, 10/31/2016)

Ironically, the same day the article is published in which Steinbach claims there is no FBI rebellion, an unnamed “former FBI top official” is quoted in another article, saying, “The stuff about a rebellion going on inside the [FBI] is absolutely true…” (Politico, 10/31/2016)

October 31, 2016: The New York Times’ editorial board heavily criticizes “James Comey’s Big Mistake.”

That is the title of the op-ed published four days after FBI Director Comey announced the at least partial reopening of the FBI’s Clinton email investigation. The editorial states, “Now, thanks to Mr. Comey’s breathtakingly rash and irresponsible decision, the Justice Department and FBI are scrambling to process hundreds of thousands of emails to determine whether there is anything relevant in them before [the US presidential election on November 8, 2016] — all as the country stands by in suspense. This is not how federal investigations are conducted. In claiming to stand outside politics, Mr. Comey has instead created the hottest political football of the 2016 election.

“And he clearly failed to consider the impact of the innuendo he unleashed just days before the election, seemingly more concerned with protecting himself from recrimination by critics in Congress and the FBI. … The Clinton campaign and its supporters are apoplectic. But top federal law enforcement officials from both Democratic and Republican administrations have been just as swift and fierce in their condemnation of Mr. Comey.

“In an election that has featured the obliteration of one long-accepted political or social norm after another, it is sadly fitting that one of the final and perhaps most consequential acts was to undermine the American people’s trust in the nation’s top law enforcement agencies.” (The New York Times, 10/31/2016)

November 2, 2016: Fox News claims the FBI’s Clinton Foundation investigation is “a very high priority,” and it is “likely” it could eventually lead to an indictment.

Bret Baier appears on Brit Hume's show to clarify his statement about a possible Clinton indictment. (Credit: Fox News)

Bret Baier appears on Brit Hume’s show to clarify his statement about a possible Clinton indictment. (Credit: Fox News)

Fox News reports that the FBI’s Clinton Foundation has now taken a “very high priority.” This is according to unnamed “separate sources with intimate knowledge of the probe.”

The FBI had already collected a great deal of evidence and interviewed and re-interviewed multiple people. But in recent weeks, emails released on a daily basis by WikiLeaks, plus occasional Freedom of Information Act (FOIA) email releases, have provided many more leads. One source says, “There is an avalanche of new information coming in every day.”

FBI agents are “actively and aggressively pursuing this case.” Due to all the new information, agents will be re-interviewing many people again, some for the third time. Agents are also double checking the FBI interview summaries (known as “302’s”) of Clinton and her top aides, to make sure their answers jibe with all the new information.

The FBI’s White Collar Crime Division is handling the investigation. (Fox News, 11/2/2016)

Fox News journalist Bret Baier claims that he spoke to the sources, and they told him that it is “likely” the investigation will eventually result in an indictment or indictments, “barring some obstruction in some way” from the Justice Department. (Real Clear Politics, 11/2/2016)

The next day, Baier modifies his claim about an indictment being likely. “I want to be clear about this, and this came from a Q and A that I did with Brit Hume after my show and after we went through everything. He asked me if, after the election, if Hillary Clinton wins, will this investigation continue, and I said, ‘yes absolutely.’ I pressed the sources again and again what would happen. I got to the end of that and said, ‘they have a lot of evidence that would, likely lead to an indictment.’ But that’s not, that’s inartfully answered. That’s not the process. That’s not how you do it. You have to have a prosecutor. If they don’t move forward with a prosecutor with the [Justice Department], there would be, I’m told, a very public call for an independent prosecutor to move forward. There is confidence in the evidence, but for me to phrase it like I did, of course that got picked up everywhere, but the process is different than that.” (Fox News, 11/3/2016)

November 2, 2016: The FBI allegedly has not destroyed the laptops of two Clinton aides, and their immunity deals may have been voided.

In October 2016, it was reported that Clinton’s aides Cheryl Mills and Heather Samuelson got immunity deals in return for their cooperation in the FBI’s Clinton email investigation, and in return for turning over their computer laptops, the FBI promised to destroy those laptops after analyzing the data on them.

However, on this day, Fox News reporter Bret Baier claims, “As a result of the limited immunity deals to top aides, including Cheryl Mills and Heather Samuelson, the Justice Department had tentatively agreed that the FBI would destroy those laptops after a narrow review. We are told definitively that has not happened. Those devices are currently in the FBI field office here in Washington, DC, and are being exploited. The source points out that any immunity deal is null and void if any subject lied at any point in the investigation.” (Real Clear Politics, 11/2/2016)

November 2, 2016: It is alleged there is 99% certainty that Clinton’s private server was hacked by at least five foreign intelligence agencies.

Bret Baier (Credit: public domain)

Bret Baier (Credit: public domain)

During a story about new developments in the FBI’s Clinton Foundation investigation, Fox News journalist Bret Baier claims that his sources also say the FBI has a greater than 99 percent confidence that Clinton’s private email server was hacked by at least five foreign intelligence agencies. Also, information had been successfully taken from the server.

However, further details, such as which five countries these are, what information was taken, or how the FBI has learned this, are not mentioned. (Real Clear Politics, 11/2/2016)

On July 5, 2016, FBI Director James Comey said there was no “direct evidence” Clinton’s email account had been successfully hacked. But the next day, the New York Times reported that “both private experts and federal investigators immediately understood his meaning: It very likely had been breached, but the intruders were far too skilled to leave evidence of their work.”