F.B.I. Chief James Comey Is in Political Crossfire Again Over Emails
WASHINGTON — James B. Comey, the F.B.I.
director, faced a dilemma on Thursday when deputies briefed him about
the discovery of a trove of emails that might be linked to the inquiry
into Hillary Clinton’s private email server that was closed months ago.
Mr.
Comey could immediately inform Congress about the emails, which were
found in an investigation into former Representative Anthony D. Weiner.
That unusual step, months after Mr. Comey had cleared Mrs. Clinton of
any criminal wrongdoing in the email case, would risk accusations that
he was unfairly harming her presidential campaign less than two weeks
before the election.
Or
he could delay any announcement and examine the new emails more
closely, risking criticism that he had suppressed important new
information if it came out after the election, despite his pledges of
“transparency” in the investigation.
Mr.
Comey, a Republican appointed by President Obama three years ago,
decided that he could live with criticism of his judgment, aides said.
So on Friday morning, the F.B.I.’s congressional liaison emailed a
letter from the director to the chairmen and ranking members of eight
congressional committees — virtually ensuring that it would be quickly
publicized by eager Republicans.
The
reaction was swift and damning, with Mrs. Clinton’s supporters and even
some Republicans blasting Mr. Comey. Indeed, Mr. Comey, who was
attacked this summer by Democrats and Republicans for both his decision
not to bring charges against Mrs. Clinton and for the way he handled it,
found himself in an even stronger crossfire on Friday.
By late Friday, Mr. Comey felt it necessary to further explain his
actions in an email to F.B.I. employees in which he acknowledged that
“there is significant risk of being misunderstood.” He explained that he
was trying to balance the obligation he felt to tell Congress that the
investigation he had said was completed was continuing, with not knowing
yet “the significance of this newly discovered collection of emails.”
cross
Pennsylvania Avenue from the F.B.I., Justice Department officials were
said to be deeply upset about Mr. Comey’s decision to go to Congress
with the new information before it had been adequately investigated.
That
decision, said several officials who spoke on the condition of
anonymity, appeared to contradict longstanding Justice Department
guidelines discouraging any actions close to an election that could
influence the outcome.
One
official complained that no one at the F.B.I. or the Justice Department
is even certain yet whether any of the emails included national
security material or was relevant to the investigation into whether Mrs.
Clinton had mishandled classified material in her use of a private
email server.
“The
F.B.I. has a history of extreme caution near Election Day so as not to
influence the results,” Senator Dianne Feinstein, Democrat of
California, said in a statement. “Today’s break from that tradition is
appalling.”
“Was
this information Congress needed to know urgently? Of course not,” said
Matthew Miller, a Clinton supporter who was the chief spokesman at the
Justice Department under former Attorney General Eric H. Holder Jr.
Some
Republicans praised Mr. Comey on Friday for his integrity and
independence in coming forward with the new information. But praise was
largely drowned out by criticism, with even some of Mrs. Clinton’s
biggest opponents upset at Mr. Comey’s sudden re-emergence in what they
said was a bungled case.
“This
is as bad for Comey as it is for Hillary,” said Tom Fitton, the
president of Judicial Watch, a conservative advocacy group that has
successfully sued for access to thousands of Mrs. Clinton’s private
emails.
Mr.
Fitton said the cryptic nature of Mr. Comey’s letter to Congress begged
for an explanation of what new material the F.B.I. had found, whether
it involved national security material relevant to the initial
investigation, and why it was not found earlier.
“This
letter raises all sorts of questions that Comey and the F.B.I. should
have to answer,” Mr. Fitton said. “They can’t roll this out in the
middle of a presidential campaign and just leave it at that.”
F.B.I.
officials said Mr. Comey was well aware that his decision would draw
fire from many sides. Mr. Comey — who at 6-foot-8 is a dominating and
charismatic figure — has not shied from the public spotlight and has
shown an independent streak throughout his career.
As
deputy attorney general in the George W. Bush administration, he butted
heads with top White House officials for his refusal to sign on to a
National Security Agency surveillance program. And he clashed with Mr.
Obama and other administration officials last year over what he saw as a
“Ferguson effect” discouraging the police from actively pursuing
suspects.
The
investigation of Mrs. Clinton and her aides has been a major reason the
bureau, more than at any time since at least the Watergate era, has
been drawn uncomfortably into a presidential campaign.
Mr.
Comey and his aides had hoped to put the Clinton email controversy
behind them this summer, when he decided — in unusually public fashion —
not to seek criminal charges against Mrs. Clinton or anyone else after a
yearlong investigation.
But
tensions have lingered, with Mr. Comey facing sharp second-guessing
from Republicans on Capitol Hill and continuing questions from even his
allies.
This
month, when the moderator at a conference of police chiefs in San Diego
asked him about the email controversy, Mr. Comey turned the question
into a laugh line. “I appreciate you bringing it up,” he deadpanned.
“That’s behind us. Nobody really cares anymore.” The chiefs responded
with knowing laughter.
Mr.
Comey got so many calls from former agents and others after he decided
this summer not to pursue charges that he had to change his phone number
posted online. And at a recent meeting with retired agents, he was
still fielding tough questions about the decision.
“I
have no patience for suggestions that we conducted ourselves as
anything but what we are — honest, competent, and independent,” Mr.
Comey wrote in a September email to employees. “Those suggesting that we
are ‘political’ or part of some ‘fix’ either don’t know us, or they are
full of baloney (and maybe some of both).”
But
while the relentless Republican criticism of Mr. Comey’s decision not
to bring charges against Mrs. Clinton has received the most attention,
both Democrats and Republicans have sought to help their presidential
candidates, demanding investigations into their rivals one moment, then
slamming Mr. Comey the next.
In
recent months, the F.B.I. has dealt with the fallout from the email
decision, wrestled with whether to pursue tips about the Clinton family
foundation and opened a wide-ranging counterintelligence case into
whether Russia is trying to influence the election. Just this week, the
F.B.I. defended itself from accusations that Democrats had curried favor with the deputy director by making donations to his wife’s failed State Senate campaign in Virginia.
F.B.I.
agents say their community meetings invariably lead to questions about
what the bureau is or is not doing in connection with the election. Mr.
Comey has urged his agents to stay above the fray. But many of them
worry that regardless of the election’s outcome, the F.B.I. might end up
the loser.
