The emails were "new" in that they hadn't been assessed, and caused the criminal investigation to be re-opened. https://twitter.com/mattyglesias/status/855923222717583364 …
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It's absolutely arbitrary because "fairness to voters" is not a practicable legal standard.
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It's also a form of literal "false equivalence" because it wrongly equates the two investigations when they were radically different.
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Not just fairness ... those who work in the DOJ follow a self-imposed guideline of not releasing news about candidates unless necessary.
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Most experienced DOJers at the time expressed surprise over Comey's move to release the letter.
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Also, the FBI had the laptop for a week at that point and had not found any *new* emails. So why was the
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HRC made a lot of mistakes, was a fairly flawed campaigner. But this refusal by some in the media to admit their own mistakes is depressing
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