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FBI set to review 650,000 Weiner-laptop emails for Clinton server ties as hope for quick resolution fades

In a last-ditch effort, the FBI will now comb through 650,000 emails found on Anthony Weiner’s computer during a sexting probe to look for a batch that might be linked to Hillary Clinton’s private email server.

And in a head-scratching twist, reports Sunday said FBI agents learned of the emails on a computer belonging to Weiner — the estranged husband of top Clinton aide Huma Abedin — in early October but did not brief FBI Director James Comey until late last week. That chronology raises questions about his role in potentially upending the already chaotic presidential race.

The 11th-hour reopening of a probe that supposedly ended in July when Comey cleared the Democratic nominee of any criminal wrongdoing but criticized her for being “extremely careless” with the use of a private server rocked the campaign and caused Clinton aides to question whether the FBI chief was taking political sides.

“Your actions in recent months have demonstrated a disturbing double standard for the treatment of sensitive information, with what appears to be a closer intent to aid one political party over another,” Senate Minority Leader Harry Reid (D-Nev.) railed in a scathing letter to Comey, a Republican who was nominated to lead the FBI by President Obama.

“Through your partisan action, you may have broken the law,” Reid added, referring to the Hatch Act, which bars federal officials from using their official authority to influence an election.

Reid also claimed that Comey had sat on “explosive information about close ties and coordination between Donald Trump … and the Russian government” while simultaneously “tarring Secretary Clinton with thin innuendo.

“You rushed to take this step 11 days before a presidential election, despite the fact that for all you know, the information you possess could be entirely duplicative of the information you already examined which exonerated Secretary Clinton,” Reid wrote.

Later on Sunday, Congressman Steve Cohen (D-Tenn.) echoed Reid’s claim that the FBI director violated the Hatch Act by issuing a congressional memo lacking “a spect of information” and demanded Comey resign for the good of the nation.

Hillary Clinton finds herself neck-and-neck with GOP candidate Donald Trump as Election Day approaches.

“Director Comey stated in the letter that he had no idea of ‘the significance of this newly discovered collection of emails’ which makes his decision all the more disturbing.”

Former Attorney General Eric Holder signed a critical open letter alongside dozens of former federal prosecutors questioning Comey’s “troubling” actions for veering away from the agency’s “widely-respected, non-partisan traditions” — and imploring an investigation.

“The American people deserve all the facts, and fairness dictates releasing information that provides a full and completely picture regarding the materials at hands,” the letter states.

Earlier, Clinton campaign chairman John Podesta ripped Comey’s handling of the matter as “inappropriate” and urged him to be more transparent because the disclosure came “in the middle of the presidential campaign so close to the voting.

“We would have preferred that that not happen, but now that it has happened, we would prefer that Mr. Comey come forward and explain why he took that unprecedented step,” Podesta said on CNN’s “State of the Union.”

Democratic vice presidential nominee Tim Kaine characterized Comey’s actions as “extremely puzzling” and called on the FBI to reveal more information.

“Director Comey knows nothing about the content of these emails. We don’t know whether they’re to or from Hillary at all,” he said on ABC’s “This Week.” “If he hasn’t seen the emails, I mean, they need to make that completely plain. Then they should work to see the emails and release the circumstances of those once they have done that analysis.”

According to reports in The Wall Street Journal and The Washington Post, FBI agents learned of the existence of the new laptop in early October, during their investigation into Weiner allegedly exchanging sexually lewd messages with a 15-year-old North Carolina girl.

Comey was not briefed on the new discovery until Thursday, The Post reported, a critical update that prompted him the very next day — just 11 days before the election and reportedly against directives from the Department of Justice — to notify key congressional committees that he would reopen the case.

Part of the delay, The Wall Street Journal reported, was due to the fact that FBI agents had to wait for the proper court orders and warrants to look at the Clinton-related emails, because they discovered them as part of a separate investigation.

The FBI finally obtained the proper warrants on Sunday evening, CBS News reported, meaning the work in sorting through the hundreds of thousands of emails has only just begun.

Thousands of emails on the computer may have been sent to or from the private Clinton server the FBI examined in its original investigation to Weiner’s computer, The Wall Street Journal reported.

But the sheer volume of emails that agents will now have to review — just to determine which are duplicates of emails they’ve already looked at and whether any contain classified information — will ensure that the latest stage of the probe will not end until after the Nov. 8 election.

The Clinton camp maintained Sunday they felt that the newly discovered emails had already been looked over as part of the organization’s earlier probe into Clinton’s emails.

James Comey has ignited outcries from both sides of the aisle with his eleventh-hour bombshell.

“If these are emails from Huma Abedin, we don’t know if they are, but if they are, we assume they’d have to be redundant because she already turned over all of her emails,” Mook said Sunday on NBC’s “Meet the Press.”

Abedin herself, who separated from Weiner in August, reportedly said she had no knowledge that any of her emails would have been on that computer, according to CBS News.

That laptop, sources told the network, belonged to Weiner and was not shared with Abedin.

In prior sworn testimony from earlier this year, Abedin had said she’d provided the FBI with all devices she used for email related to the State Department.

The latest developments even shocked Donald Trump’s camp, which blasted the bureau’s chief for not having handled the initial probe well.

But one member of the GOP nominee’s camp gloated over the twist: Trump himself. “We never thought we were going to say thank you to Anthony Weiner,” he said at a Las Vegas rally.

With Nicole Hensley

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Emails in Anthony Weiner Inquiry Jolt Hillary Clinton’s Campaign (Published 2016)

Video

transcript

Clinton Addresses New Email Inquiry

Hillary Clinton called on the F.B.I. to clarify the details of its investigation, saying voters deserve to get the “full and complete facts.”

I have now seen Director Comey’s (FBI Director James Comey) letter to Congress. 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. The Director himself has said he doesn’t know whether the emails referenced in his letter are significant or not. I’m confident, whatever they are, will not change the conclusion reached in July. Therefore it’s imperative that the Bureau (referring to the FBI, Federal Bureau of Investigations) explain this issue and question whatever it is without any delay. So I look forward to moving forward, to focus on the important challenges facing the American people, winning on November 8th and working with all Americans to build a better future for our country. Thank you.”

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Hillary Clinton called on the F.B.I. to clarify the details of its investigation, saying voters deserve to get the “full and complete facts.”CreditCredit…Doug Mills/The New York Times

WASHINGTON — The presidential campaign was rocked on Friday after federal law enforcement officials said that emails pertinent to the closed investigation into Hillary Clinton’s private email server were discovered on a computer belonging to Anthony D. Weiner, the estranged husband of a top Clinton aide.

In a letter to Congress, the F.B.I. director, James B. Comey, said the emails had surfaced in an unrelated case, which law enforcement officials said was an F.B.I. investigation into illicit text messages from Mr. Weiner to a 15-year-old girl in North Carolina. Mr. Weiner, a former Democratic congressman from New York, is married to Huma Abedin, the top aide.

Mr. Comey’s letter said that the F.B.I. would review the emails to determine if they improperly contained classified information, which is tightly controlled by the government. Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server. And while Mr. Comey said in his letter that the emails “appear to be pertinent,” the F.B.I. had not yet examined them.

By the end of a day that brought stinging criticism of Mr. Comey from both Democrats and Republicans, he appeared on the defensive, saying in an internal email to bureau employees that he had felt obligated to inform Congress, and “we don’t know the significance of this newly discovered collection of emails.’’

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Huma Abedin and Hillary Clinton on the campaign’s plane on Friday.Credit…Doug Mills/The New York Times

The new development in the saga over Mrs. Clinton’s handling of classified information came months after the F.B.I. closed the investigation without charging Mrs. Clinton. The announcement, less than two weeks before the election, 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.

“We are calling on the F.B.I. to release all the information that it has,” Mrs. Clinton said adamantly in an evening news conference that took issue with Mr. Comey for making the disclosure so close to the election. “Let’s get it out.”

Mr. Trump was ebullient. “Perhaps, finally, justice will be done,” he declared at a campaign rally in New Hampshire.

A senior law enforcement official said that tens of thousands of emails belonging to Ms. Abedin were on Mr. Weiner’s laptop, which the F.B.I. had obtained as part of its investigation into Mr. Weiner. About a month ago, a person familiar with the investigation said, F.B.I. agents seized the laptop as well as Mr. Weiner’s iPad and cellphone.

Mr. Comey said in his letter to Congress that he did not know how long it would take to review the emails. Law enforcement officials said they did not know whether any were duplicates of emails discovered in the earlier investigation.

Mr. Trump has fallen behind Mrs. Clinton in most national polls and in many key states. Polls have been tightening in recent days, however, as Republicans have started returning to their party roots during the final stretch of the race.

An emboldened Mr. Trump seized on the F.B.I. action on Friday at his rally in New Hampshire. To cheers of “lock her up” from his supporters, Mr. Trump said: “Hillary Clinton’s corruption is on a scale we have never seen before. We must not let her take her criminal scheme into the Oval Office.”

After deriding the F.B.I. for weeks as inept and corrupt, Mr. Trump went on to praise the law enforcement agency.

“I have great respect for the fact that the F.B.I. and the D.O.J. are now willing to have the courage to right the horrible mistake that they made,” Mr. Trump said, referring also to the Department of Justice. “This was a grave miscarriage of justice that the American people fully understand. It is everybody’s hope that it is about to be corrected.”

The Clinton campaign called on Mr. Comey to provide information beyond what was put forth in the letter.

Anthony Weiner at the Democratic National Convention in July.Credit…Ruth Fremson/The New York Times

“Director Comey’s letter refers to emails that have come to light in an unrelated case, but we have no idea what those emails are and the director himself notes they may not even be significant,” said John D. Podesta, the chairman of Mrs. Clinton’s campaign.

He added: “It is extraordinary that we would see something like this just 11 days out from a presidential election.”

Asked in an interview on CNN about Ms. Abedin’s involvement, Brian Fallon, a spokesman for Mrs. Clinton, demurred.

“The facts of the matter is stuff that is unknown to us,” Mr. Fallon said.

The “October surprise” confounded leading Democrats who suddenly found themselves on the defensive.

“This is particularly troubling since so many questions are unanswered,” said Senator Dianne Feinstein, Democrat of California. “It’s unclear whether these emails have already been reviewed or if Secretary Clinton sent or received them. In fact, we don’t even know if the F.B.I. has these emails in its possession.”

Donna Brazile, the interim chairwoman of the Democratic National Committee, demanded more information from Mr. Comey about his next steps and expressed concern about the agency interfering with the election.

“The F.B.I. has a solemn obligation to remain neutral in political matters — even the faintest appearance of using the agency’s power to influence our election is deeply troubling,” Ms. Brazile said.

For Republicans who have struggled to defend Mr. Trump amid his comments about women and conspiracy theories about a rigged election, the opportunity to revisit a controversy that has dogged Mrs. Clinton was a welcome gift.

The Republican National Committee cheered the new attention on Mrs. Clinton’s emails as a potential turning point in the race.

“The F.B.I.’s decision to reopen their criminal investigation into Hillary Clinton’s secret email server just 11 days before the election shows how serious this discovery must be,” said Reince Priebus, the Republican committee chairman, arguing that the Democratic nominee should be disqualified from seeking the presidency. “This stunning development raises serious questions about what records may not have been turned over and why, and whether they show intent to violate the law.”

Donald J. Trump at a campaign event in Manchester, N.H., on Friday.Credit…Stephen Crowley/The New York Times

Speaker Paul D. Ryan, who has been critical of Mr. Trump, assailed Mrs. Clinton and said that she should no longer be allowed to receive classified briefings.

“Hillary Clinton has nobody but herself to blame,” Mr. Ryan said in an emailed statement. “She was entrusted with some of our nation’s most important secrets, and she betrayed that trust by carelessly mishandling highly classified information.”

After defending her email practices for months, Mrs. Clinton sought to put the issue behind her this year, eventually apologizing and acknowledging that using a private server was a mistake. During the presidential debates with Mr. Trump, she tried to avoid the subject and accused Mr. Trump of putting national security at risk by inviting Russian hackers to meddle in the election.

Mrs. Clinton and her staff expressed relief in July when Mr. Comey announced that the F.B.I. had closed the investigation after determining that no one should face criminal charges. But he did criticize Mrs. Clinton and her aides for what he termed the “extremely careless” handling of sensitive information, leaving an opportunity for Republicans to continue hammering her for bad judgment.

The involvement of Ms. Abedin and Mr. Weiner in Mrs. Clinton’s case was an unforeseen twist. Several weeks ago, top Justice Department officials decided that prosecutors in Manhattan would handle Mr. Weiner’s case. After seizing the devices, investigators have been combing them for information.

It remained unclear whether Mr. Comey would reveal more about the contents of the newly discovered emails. In his memo to the F.B.I. staff, it was evident that he is keenly aware of the fraught political backdrop that he faces.

“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,” Mr. Comey wrote. “I also think it would be misleading to the American people were we not to supplement the record.”

Ms. Abedin separated from Mr. Weiner in August after it emerged that he was exchanging lewd messages with a woman on social media. Such behavior had destroyed his congressional career and his 2013 mayoral campaign.

Mr. Trump has pointed to Mrs. Clinton’s association with the couple as an example of her bad judgment.

“I only worry for the country in that Hillary Clinton was careless and negligent in allowing Weiner to have such close proximity to highly classified information,” Mr. Trump said in August. “Who knows what he learned and who he told?”

A correction was made on : 

An earlier version of this article incorrectly reported when the F.B.I. director, James B. Comey, announced that the bureau had closed its investigation into Hillary Clinton’s email use. It was in July, not September.

How we handle corrections

Michael S. Schmidt, Matt Apuzzo and William K. Rashbaum contributed reporting from New York.

A version of this article appears in print on  , Section A, Page 1 of the New York edition with the headline: New Emails Jolt Clinton Campaign in Races’s Last Days. Order Reprints | Today’s Paper | Subscribe
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Clinton’s Emails, Weiner’s Laptop and a Falsehood – FactCheck.org

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Q: Did the FBI wait until after the 2016 election to review the Hillary Clinton emails found on Anthony Weiner’s laptop?

A: No. A viral story misinterprets an FBI document and ignores widely reported facts.

FULL ANSWER

Citing a recently released FBI document, a viral story misleads readers by claiming that the emails of former Secretary of State Hillary Clinton that were found on Anthony Weiner’s laptop weren’t “reviewed” by an FBI investigator until after the 2016 election.

The FB News Cycle story claims that the document proves that now-fired FBI agent Peter Strzok “buried evidence of HRC’s corruption.”

But the premise is false: The emails were reviewed days before the election.

Some background:

  • On July 5, 2016, former FBI Director James Comey announced that the bureau would recommend that charges not be filed in the probe into Clinton’s use of a private email system while heading the State Department.
  • On Sept. 26, 2016, the FBI executed a search warrant on former Rep. Anthony Weiner’s iPhone, iPad and laptop computer, and discovered 141,000 emails on the laptop that were potentially relevant to the FBI’s closed investigation of Clinton. Longtime Clinton aide Huma Abedin was married to Weiner at the time. (Abedin’s lawyer said early this year the couple was privately finalizing their divorce.) Weiner was being separately investigated for “sexting” with an underage teenage girl.
  • A month later, on Oct. 28, 2016, Comey told lawmakers in a letter that the FBI had “learned of the existence of emails that appear to be pertinent to the investigation” and that investigators would “review these emails to determine whether they contain classified information.”

  • On Nov. 6, 2016, Comey told Congress in a follow-up memo that the FBI had “reviewed all of the communications that were to or from Hillary Clinton while she was Secretary of State” and that officials “have not changed our conclusions.”
  • The election took place Nov. 8, 2016.

The Aug. 4 story on fbnewscycle.com ignores these facts and claims that the emails found on Weiner’s laptop weren’t eyed until after the election. The post gained popularity on the Facebook page “Donald Trump is Our President,” from which it was reshared by thousands.

While the NYPD was conducting a forensic analysis of the Weiner/Abedin laptop, it was discovered that the hard drive contained 350,000 of Hillary Clinton’s emails and 344,000 Blackberry communications,” the story says. “Here’s what you were never told by the HRC-BHO protective media. These were never reviewed by the FBI investigators assigned to help lead agent Peter Strzok. Nor, was any attempt made to analyze the newly discovered files until after the election was over.”

As evidence, the website includes an FBI document dated Nov. 9, 2016 — the day after the election — that indicates Strzok had requested that a copy of a laptop’s hard drive be reviewed for “evidence of intrusion.” The document was among a batch released earlier this month to the conservative group Judicial Watch.

But that document isn’t evidence that the emails weren’t reviewed before the Nov. 8 election.

A June 2018 report by the Justice Department Office of the Inspector General, which conducted a review of the bureau’s investigation, indicates that the FBI obtained a search warrant for the laptop on Oct. 30, 2016 — this time to look for information related to the Clinton email investigation — and that multiple investigators were involved in the review.

“The Midyear team flagged all potentially work-related emails encountered during the review process and compared those to emails that they had previously reviewed in other datasets,” the report states, referring to the investigation by its “Midyear” code name. “Any work-related emails that were unique, meaning that they did not appear in any other dataset, were individually reviewed by the Lead Analyst, Strzok, and FBI Attorney 1 for evidentiary value.”

The report indicates the review of the emails was completed Nov. 6, 2016, before Comey sent his second letter to Congress. Still, it says, the lead analyst on the case told the inspector general’s office that even after that review, the FBI needed to do more investigative work.

“The Lead Analyst told us that the further investigative steps needed to complete the investigation included at least a ‘malware analysis’ to examine the laptop for intrusion and a re-interview of Abedin,” the report states.

The analyst said that such an analysis was needed to know if the laptop was “compromised by anyone” or if a “foreign power obtained” classified material.

So, while further examination took place after the election, it’s false to claim, as fbnewscycle.com did, that Strzok’s intrusion analysis request “shows he sat on the laptop for more than 6 weeks – until the election was over!”

The FBI’s handling of the emails on Weiner’s laptop has indeed fueled criticism about why the agency chose to wait weeks before taking action on the late-September discovery. The inspector general’s report said it found no “consistent or persuasive explanation” for the delay, but said it gathered no evidence that the laptop was “deliberately placed on the back-burner by others in the FBI to protect Clinton.”

Clinton, for her part, has argued that the timing of the announcement to review the emails did quite the opposite.

Editor’s note: FactCheck.org is one of several organizations working with Facebook to debunk false stories shared on the social media network.

Sources

A Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election.” Office of the Inspector General, U.S. Department of Justice. June 2018.

Comey, James. Director, FBI. Letter to Congress. 28 Oct 2016.

Comey, James. Director, FBI. Letter to Congress. 6 Nov 2016.

Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System.” Press release, FBI. 5 Jul 2016.

Strzok, Peter. Agent, FBI. “Case Support Request.” 9 Nov 2016.

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