Hillary’s FBI nightmare – Politico


If the feds have Clinton’s personal emails, too, some of them are bound to come out — exactly as she feared.
The next question in the Hillary Clinton email matter is who will force the FBI to release any documents it may have retrieved from the 2016 presidential candidate’s homemade server — Congress or the courts?

The answer: A federal judge may decide to get aggressive and order the law enforcement agency to turn over any newly discovered records or at least preserve them pending further court action. But don’t expect congressional subpoenas to fly — or FBI director James Comey to get hauled to Capitol Hill anytime soon.

Key congressional committees investigating Clinton’s emails argue that the courts are better suited to force the release of federal documents. One GOP source familiar with the investigations said a congressional committee could “theoretically subpoena the FBI” to demand the contents of Clinton’s server, but judges are likely to wade into the issue first.

“I think the court is better positioned right now because of where the cases are in litigation,” the source said.

Court action, however, depends on the aggressiveness of federal judges who are now managing more than 30 Freedom of Information Act cases involving emails on accounts maintained by Clinton or her top aides.

The FBI has already rebuffed one judge’s effort to obtain messages the agency has recovered from Clinton’s server, prompting a stinging attack from Iowa Sen. Chuck Grassley, the Republican chairman of the Senate Judiciary Committee.

On Wednesday, key members of Capitol Hill expressed reluctance to dive in after a report surfaced that the FBI has successfully retrieved messages left on Clinton’s server. The FBI declined to confirm the Bloomberg report Wednesday.

House Benghazi Committee Chairman Trey Gowdy — a former federal prosecutor — made clear through a spokesman that he has no intention to cross swords with the FBI.

“Chairman Gowdy has not asked the FBI about its investigation into Secretary Clinton’s unusual and unprecedented email arrangement, nor has the Bureau offered a briefing to the committee,” Benghazi panel spokesman Jamal Ware said.
“The chairman believes the FBI is the nation’s premier law enforcement agency and he is not willing to comment on its ongoing investigation into the mishandling of classified information in connection with Secretary Clinton’s server.”

Read more here.