A few hours before the explosive CNN and BuzzFeed reports landed on Tuesday, Comey was at a Senate intelligence committee hearing on Russian interference in the 2016 election. Sen. Ron Wyden (D-Ore.) asked the director whether the FBI has “investigated these reported relationships [between the Trump campaign and Russia]?” Comey replied, “I would never comment on investigations … in an open forum like this.” When Sen. Angus King (I-Maine) pressed Comey on the same question later in the hearing, he repeated that “especially in a public forum, we never confirm or deny a pending investigation.” (King dryly replied, “The irony of your making that statement here, I cannot avoid.”)
So Comey understands that the FBI weighing in publicly on open investigations, when charges are still being proved, is unwise. Doing so puts those being investigated at the mercy of innuendo and rumor. Yet Comey ditched this rule when he notified Congress 11 days before the election that the FBI was looking into whether there were previously unrevealed emails from Hillary Clinton on a laptop belonging to her aide’s estranged husband. (It should also be noted that this followed months of anti-Clinton leaks from Rudy Giuliani’s friends in the FBI’s New York field office.)
Worse, the search warrant for the emails unsealed in December shows that, as The Post reported at the time, investigators “had no new evidence of actual wrongdoing” on Clinton’s part. Meanwhile, the Guardian reported Tuesday that the FBI thought the allegations of ties between Trump’s campaign and Russia credible enough that they sought a wiretap on four members of Trump’s team.
In other words, while Comey stayed silent about new accusations against Trump, he piped up about a big nothing-burger against Clinton.