Despite Fox News Hype, Fox's Senior Judicial Analyst Is “Convinced Comey Jumped The Gun” On Clinton's Emails

Written by Media Matters Staff

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Fox News senior judicial analyst Andrew Napolitano criticized FBI Director James Comey’s decision to defy Department of Justice rules and precedent and issue a short and vague letter informing Congress that the FBI were looking into emails “that appear to be pertinent to the investigation” regarding Democratic presidential nominee Hillary Clinton’s use of a private email server as secretary of state. Despite the initial hype from Fox News, media figures from across the political spectrum have criticized Comey’s letter to Congress. On October 28, Napolitano warned that “people should not jump to conclusions that Mrs. Clinton is being reinvestigated.” Napolitano again criticized hype around the emails explaining he is “convinced that Director Comey jumped the gun” adding that Comey had “absolutely no duty, obligation, or right for him to” send the letter to Congress, and it “violates due process.” From the November 2 edition of Fox News’ Shepard Smith Reporting:

ANDREW NAPOLITANO: There was absolutely no duty, obligation, or right for him to announce that the Clinton investigation had been opened. Look, if they found a treasure trove information on Anthony Weiner's laptop, they are duty bound to investigate what they found. But, the law prohibits the FBI from taking a snapshot, a progress report of a criminal investigation, and broadcasting that. It is sort of like, “hey, we have some stuff on you. We don't know what it is. We haven't looked at it yet, we haven't decided the significance of it, we don't even know if it's about you or somebody that works for you, but we're just telling everybody that we have it.” That violates due process, the essence of which is, notice what's going on, and fairness, and I'm very disappointed, as are a lot of people from all over the political spectrum.

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This statement shouldn't have been made with the implication that it's about [Hillary Clinton]. Because, when he sent the letter to Congress, if fact, he had not seen those emails. We know that because he sent the letter on Friday, and a search warrant authorizing review of the emails wasn't signed until Sunday night.

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We all have great sources. We are all hearing the same thing, and I'm convinced that Director Comey jumped the gun. Look, if I'm wrong, if there's some bombshell in there, again, his duty is not to go to the Congress and not to go to the press, but go to his bosses in the Justice Department.