The Clinton camp is in no position to cry foul about anything. In announcing his recommendation against indictment, Comey not only gave Clinton the benefit of every doubt (preposterously so when one reads the FBI’s reports). He also based his decision primarily on his legal analysis of a criminal statute, which is far removed from the responsibilities of the FBI. Indeed, Comey gilded the lily by claiming that no reasonable prosecutor would disagree with his analysis — which was a truly outrageous claim coming from an investigator with no prosecutorial responsibilities, even if it did not inspire a lecture from Ms. Gorelick and Mr. Thompson on Justice Department traditions.
On the other hand, Comey hasn’t said anything more than that the investigation of the mishandling of classified information by Mrs. Clinton and her underlings remains pending. That is a true statement. Again, it does not mean charges will be filed. Indeed, I didn’t hear Director Comey say he had changed his mind about the requirements for proving guilt under the espionage act. The fact that I think he is dead wrong on that subject is beside the point, since the Justice Department has endorsed his reasoning. So it’s not like the recovery of additional classified e-mails from a Weiner/Abedin computer — if that happens, which we are not likely to know for a while — would automatically result in indictments.
It is fair enough to say that Director Comey should not have started down the wayward road of making public comments about pending investigations in which no charges have been filed. Such comments inexorably lead to the need to make more comments when new information arises. Not that the director needs advice from me, but at this point, he ought to announce that — just as in any other investigation — there will be no further public statements about the Clinton investigation unless and until charges are filed, which may never happen.
As for the election, Mrs. Clinton is under the cloud of suspicion not because of Comey but because of her own egregious misconduct. She had no right to know back in July whether the investigation was closed. She has no right to know it now. Like any other criminal suspect, she simply has to wait . . . and wonder#…#and worry.