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With their accustomed speed and discipline, Hillary, the Democratic Party, Democratic elected officials, and MSNBC have all taken up the same war cry: The FBI must release all the Huma Abedin/Anthony Weiner emails immediately. And just for once, quite a few on the other side agree with them–notably Newt Gingrich, who said on Fox News last night that FBI Director Comey should indeed make public every last email no later than this coming Monday.
Can Comey do so? Or (to be a grammatically good boy) may Comey do so?
Surely there are laws, or at least longstanding protocols, that govern just when evidence in criminal investigations may or may not be made public. Comey has already said that the FBI is still examining the emails in question–and the New York Times has reported that they number in the tens of thousands.
To repeat: In the face of calls–howls, really–to release the emails to the public before the FBI itself has even examined them, does Director Comey possess the authority to do so?
Richard Epstein? John Yoo? Anyone?Published in