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Fox News senior judicial analyst Judge Andrew Napolitano discussed the letter FBI Director James B. Comey sent to Congress, notifying them of the discovery of further emails pertinent to the investigation into Hillary Clinton--while the bureau's New York office was investigating Anthony Weiner.

Megyn Kelly reported that Clinton's closest aide, Huma Abedin--Weiner's estranged wife--forwarded documents to her Yahoo! account, and "magically forgot about [them] when she came under questioning from the Federal Bureau of Investigation."

"And, under oath from the Freedom of Information Act case where the deposition was ordered by a federal judge," Napolitano added.

"If the FBI had been permitted by the Justice Department to seat a grand jury that therefore had subpoena power, they more likely than not would have subpoenaed Huma Abedin's mobile device and seen the trigger in there that automatically forwarded to herself every email she received--whether from Mrs. Clinton or anyone else."

Napolitano said Comey should not have sent the letter to Congress last Friday evening, which he said amounted to a "progress report".

"The FBI does not give progress reports on criminal cases," Napolitano said, "It was a promise he oughtn't have made," referring to Comey's testimony to Rep. Lamar Smith (R-Texas) and the House Oversight Committee regarding notification of breaking developments in the Clinton email probe.

Napolitano said the letter was a violation of policy and that it "creates a false impression of a snapshot of evidence."

"He should've unleashed the FBI to go wherever the evidence takes them without telling anybody he was doing it," he said.


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