Barbara McQuade

sends a letter to Congress, certainly knowing that this will become public, saying the investigation is open again because we have to look at these emails that were on the laptop of Anthony Weiner.

He says, I don't know how long it's going to take.

I'm not sure it can be completed before the election.

So I just wanted everybody to know that the investigation is open again.

Again, this is a violation of the policy to neither confirm nor deny the existence of an investigation.

What Comey said later is, I felt it would be inappropriate to conceal that we had reopened the investigation since everybody had known that it was closed.

Boy, is that turning this policy on its head?

And of course, now there's another headline.

And now it's shortly before the election that says FBI reopens investigation on Hillary Clinton.

So that's another black mark on her as we approach the election.

It gets closed just a few days later.

They look at these emails.

They see that these are just a few of the same duplicates that they had seen before.

They're able to review them quickly and conclude that there is nothing that is the basis of criminal charges here for misusing classified information was the basis of that investigation.

So now it's closed.

But of course, the headline is still there fresh in people's minds as they cast their ballots.

I think it's possible.

I imagine that Jim Comey's lawyers are at least thinking about filing a motion to dismiss this case on the grounds of selective prosecution.

for an improper purpose.

Sometimes that could be race, it could be religion.