Justice Department officials warned FBI Director James Comey that his letter to Congress about newly discovered emails potentially related to an investigation of Hillary Clinton would contradict the department’s long-established election policy, according to people familiar with the discussions.
Mr. Comey acted “independently” when he decided to send the letter, the people said.
The Federal Bureau of Investigation is reviewing newly obtained emails linked to its previously closed investigation into Mrs. Clinton’s handling of classified information as secretary of state. Friday’s announcement came just days before voters to go to the polls to choose a new president.
Before the letter was sent, the FBI told senior Justice Department officials what Mr. Comey planned to do, and those officials warned that doing so would contradict the department’s rules against taking steps that could influence—or be seen as trying to influence—an election, these people said.
Mr. Comey, however, decided it was better to share the information rather than face possibly greater criticism for keeping quiet until after the election, according to the people familiar with the discussions. FBI officials were also concerned that if they didn’t act, the information might leak out anyway, in a less controlled manner, these people said.
Four senior Democratic senators Saturday wrote a letter to Mr. Comey and Attorney General Loretta Lynch complaining about the vagueness of Mr. Comey’s disclosure and asking for more details by Monday, including how many newly discovered emails there are. It isn’t clear whether FBI agents have even seen the emails yet, the senators said, nor whether they are duplicates of those already reviewed.
The senators cited a memo Mr. Comey sent the FBI staff explaining his decision, in which he wrote: “In a brief letter in the middle of an election season, there is significant risk of being misunderstood.” The senators complained that the letter had in fact been misunderstood and misused.
The letter was signed by Sens. Tom Carper of Delaware, Patrick Leahy of Vermont, Dianne Feinstein of California and Ben Cardin of Maryland.
Republicans, including Sen. Charles Grassley of Iowa, have also called for briefings on the latest email disclosure.
“The letter from Director Comey was unsolicited and, quite honestly, surprising. But it’s left a lot more questions than answers for both the FBI and Secretary Clinton,” Mr. Grassley said Friday. “Congress and the public deserve more context to properly assess what evidence the FBI has discovered and what it plans to do with it.”
Mr. Grassley chairs the Senate Judiciary Committee, and Mr. Leahy is the panel’s top Democrat.
The tensions between the Justice Department and the FBI cast additional light on Mr. Comey’s surprise decision to reveal an investigative development in a matter involving a presidential candidate less than two weeks before the election.
Mr. Comey’s letter, sent to a group of congressional committee chairmen, blindsided the Clinton campaign and the White House, which didn’t receive advanced notice that investigators had found the emails.
In his letter, Mr. Comey wrote it wasn’t clear if the emails had any significance for the previous investigation, which the FBI had closed during the summer recommending against any charges.
The emails in question were found during the search of a device in the FBI probe of former Rep. Anthony Weiner, a New York Democrat, who is being investigated for allegedly sending sexually explicit messages to a minor, a person familiar with the case said.
Mr. Weiner didn’t respond to a request for comment on Friday.
Mr. Weiner is married to Huma Abedin, a longtime senior aide of Mrs. Clinton who recently said she was separating from Mr. Weiner. Ms. Abedin was questioned earlier this year by the FBI in the Clinton email probe.
Ms. Abedin and her attorney didn’t respond to requests for comment on Saturday.
Many of the emails were discovered on a laptop used by both Ms. Abedin and Mr. Weiner, according to people familiar with the matter. In searching the laptop, investigators found thousands of emails, and they determined earlier this week that some of the emails involved Ms. Abedin discussing work issues.
Authorities haven’t yet determined how many emails involved such work discussions or if any of those included classified information, these people said. They also haven’t determined if the work emails in question are copies of messages already reviewed by the FBI.
This vagueness at the heart of the disclosure about the new emails has frustrated Democrats, including Mrs. Clinton, who has called on Mr. Comey to release more information about the emails. Many Republicans say the revelation confirms that the FBI closed the matter prematurely.
On Saturday, Mrs. Clinton told a crowd of about 900 in Daytona Beach, Fla., that it was “pretty strange” for the FBI to put such news out with so little information right before an election. “It’s not just strange, it’s unprecedented, and it’s deeply troubling,” she said. “Voters deserve to get full and complete facts.”
