Sunday, October 30, 2016

Exclusive: FBI still does not have warrant to review new Abedin emails linked to Clinton probe

When FBI Director James Comey wrote his bombshell letter to Congress on Friday about newly discovered emails that were potentially “pertinent” to the investigation into Hillary Clinton’s private email server, agents had not been able to review any of the material, because the bureau had not yet gotten a search warrant to read them, three government officials who have been briefed on the probe told Yahoo News.

At the time Comey wrote the letter, “he had no idea what was in the content of the emails,” one of the officials said, referring to recently discovered emails that were found on the laptop of disgraced ex-Rep. Anthony Weiner, the estranged husband of top Clinton aide Huma Abedin. Weiner is under investigation for allegedly sending illicit text messages to a 15-year-old girl.

As of Saturday night, the FBI was still in talks with the Justice Department about obtaining a warrant that would allow agency officials to read any of the newly discovered Abedin emails, and therefore was still in the dark about whether they include any classified material that the bureau has not already seen.

“We do not have a warrant,” a senior law enforcement official said. “Discussions are under way [between the FBI and the Justice Department] as to the best way to move forward.”

That Comey and other senior FBI officials were not aware of what was in the emails — and whether they contained any material the FBI had not already obtained — is important because Donald Trump’s campaign and Republicans in Congress have suggested that the FBI director would not have written his letter unless he had been made aware of significant new emails that might justify reopening the investigation into the Clinton server.

But a message that Comey wrote to all FBI agents Friday seeking to explain his decision to write the controversial letter strongly hinted that investigators did not not yet have legal authority establishing “probable cause” to review the content of Abedin’s emails on Weiner’s electronic devices.

In that message, Comey told agents that he had only been briefed on Thursday about the matter and that the “recommendation” of investigators was “with respect to seeking access to emails that have recently been found in an unrelated case.”

Comey approved the recommendation to seek judicial access to the material that day, he wrote.

“Because those emails appear to be pertinent to our investigation, I agreed that we should take appropriate steps to obtain and review them,” he told agents.

FBI Director James Comey prepares to testify on Capitol Hill in Washington in December of 2015. (Photo: Susan Walsh/AP)
FBI Director James Comey prepares to testify on Capitol Hill in December 2015. (Photo: Susan Walsh/AP)

Comey’s letter to Congress has subjected the FBI director to withering criticism. Top Justice Department officials were described by a government source as “apoplectic” over the letter. Senior officials “strongly discouraged” Comey from sending it, telling FBI officials last week it would violate longstanding department policy against taking actions in the days before an election that might influence the outcome, a U.S official familiar with the matter told Yahoo News. “He was acting independently of the guidance given to him,” said the U.S. official.


Full post https://www.yahoo.com/news

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