How James Comey’s email maneuver may affect future with the FBI

Some Democrats, furious with FBI Director James Comey for putting the issue of Hillary Clinton’s emails back in the public eye just before election day, are suggesting he has violated legal restrictions against federal employees trying to affect the outcome of an election.

The federal law in question is the Hatch Act, passed in 1939, which bars federal employees from using their authority or influence “for the purpose of interfering with or affecting the result of an election.”

Comey had announced in July that the FBI’s investigation of Clinton’s use of a private email server as secretary of state had found no basis for charging her with willfully disclosing secret information.

On Friday, Comey notified Congress in a vaguely worded letter that the FBI was looking into additional emails found on a computer used by the estranged husband of Clinton aide Huma Abedin.

The announcement was apparently premature — federal agents had not yet seen any of the emails — but the FBI obtained a search warrant from a judge Sunday and said agents were starting to examine the messages Monday, looking for any signs that the emails contain classified material.

While Trump praised Comey’s courage, Democrats exploded, with Senate Minority Leader Harry Reid of Nevada saying in a letter that the director’s “partisan actions … may violate the Hatch Act.”

[...] the only direct evidence of Comey’s intent — the crucial issue in Hatch Act cases — has been his explanation that he was keeping his promise to inform Congress of any new developments.

“Without additional context, your disclosure is not fair to Congress, the American people, or Secretary Clinton,” Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, said in a letter to Comey.

Comey also apparently ignored a long-standing policy of the Justice Department, which includes the FBI, to refrain from commenting on investigations of political candidates in the weeks before an election.

At Monday’s White House news briefing, press secretary Josh Earnest said he would “neither criticize nor defend” Comey’s actions, but said Obama “doesn’t believe Director Comey is trying to influence the outcome of an election.”

[...] Larry Gerston, a San Jose State political science professor, said dismissing the director in the current climate would open the door to retribution by congressional Republicans.