Ex-AG, dozens of federal prosecutors slam FBI chief over Clinton email case

In letter to James Comey, attorneys criticize vague disclosure to Congress of existence of emails so as to ‘invite uninformed public speculation

In this July 5, 2016, file photo, former FBI Director James Comey makes a statement at FBI Headquarters in Washington regarding its investigation into Hillary Clinton's use of a private email server while secretary of state.  (AP/Cliff Owen)
In this July 5, 2016, file photo, former FBI Director James Comey makes a statement at FBI Headquarters in Washington regarding its investigation into Hillary Clinton's use of a private email server while secretary of state. (AP/Cliff Owen)

Former Attorney General Eric Holder and dozens of other former federal prosecutors signed a letter critical of FBI Director James Comey’s recent actions in the Clinton email case.

The letter obtained Sunday by The Associated Press contends that Comey deviated from Justice Department policy when he alerted Congress to the new discovery of emails potentially related to the Clinton email investigation.

Justice Department officials are instructed not to discuss ongoing investigations and to “exercise heightened restraint near the time of a primary or general election,” to avoid the appearance of prosecutorial influence in the electoral process, according to the letter.

“We cannot recall a prior instance where a senior Justice Department official — Republican or Democrat — has, on the eve of a major election, issued a public statement where the mere disclosure of information may impact the election’s outcome yet the official acknowledges the information to be examined may not be significant or new,” the letter states.

The emails were found on a device seized during an unrelated criminal sexting investigation of Anthony Weiner.

Comey acknowledged in a letter to FBI colleagues on Friday that he knew the letter was at risk of being misunderstood so close to the election, but that he felt obliged to update Congress on the emails after having earlier told lawmakers that the email inquiry had been closed.

But the ex-prosecutors say Comey’s letter was so devoid of detail as to “invite considerable, uninformed public speculation” about the emails’ significance. They note that Comey did not reveal who had sent or received the emails, whether the emails include duplicates of messages that have already been reviewed or whether the emails contain any classified information.

The letter is signed by dozens of attorneys, including former Justice Department officials in Washington — among them, former deputy attorneys general James Cole, Jamie Gorelick, Larry Thompson and David Ogden — and a group of United States attorneys and assistant US attorneys.

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