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FBI gets warrant to search Huma Abedin's laptop for Clinton emails – election live Clinton campaign manager denounces FBI over 'double standard' – election live
(35 minutes later)
9.25pm GMT
21:25
White House questions Comey's intentions in Clinton email investigation
The White House on Monday highlighted concerns over the FBI director’s decision to announce that the bureau is examining whether newly discovered emails may be relevant to its investigation of Hillary Clinton’s use of a private email server, reports the Guardian’s David Smith in Washington, Spencer Ackerman in New York and Dan Roberts in Cleveland.
Press secretary Josh Earnest was careful to say FBI director James Comey is regarded by Barack Obama as a man of integrity and principle. But he also noted the importance of “longstanding tradition and practice and norms” and warned of the “risk” of communicating with Congress.
Earnest said one senior Republican official already had suggested that his party was considering impeaching a future President Clinton.
Comey has faced a fierce backlash for going public with the new FBI investigation just 11 days before a presidential election, reportedly against the advice and guidelines of attorney general Loretta Lynch and other senior figures at the Department of Justice. On Sunday the FBI obtained a search warrant to begin reviewing the emails, reportedly numbering 650,000 and found on the laptop of Anthony Weiner, estranged husband of Clinton aide Huma Abedin.
On Monday, a spokesman for the Office of Special Counsel indicated that the independent federal agency may be investigating Comey over an alleged violation of the Hatch Act, which guards against federal officials seeking to influence an election.
At a White House press briefing, Earnest said much that could be interpreted as critical of Comey, though he declined to do so explicitly.
“The president believes that our democracy has been very well served for more than two centuries by officials at the Department of Justice and the FBI observing longstanding traditions that limit public discussion of investigations, whether an election is around the corner or not,” he said.
“It is clear what Director Comey has done. What’s not clear is what led to the decision. Nobody at the White House has insight into the decision that Director Comey made. I’m not aware of any of the factors that went into Director Comey’s decision to send this letter to Congress on Friday.”
Updated
at 9.26pm GMT
9.18pm GMT
21:18
Robby Mook responds to Russia allegations against FBI director
Hillary for America campaign manager Robby Mook and campaign press secretary Brian Fallon are holding a press call to respond to a CNBC report that FBI director James Comey argued against the bureau fingering the Russian government for attempts to undermine the legitimacy of the US electoral process, it was too close to Election Day for the government to say so publicly.
“Director Comey ensured that the FBI would not be part of letting the American people know that the Kremlin was behind a direct effort to undermine our democracy,” Mook alleged, calling the difference in Comey’s treatment of the Russian hacking of DNC email servers and the discovery of emails potentially related to Clinton’s use of private servers “alarming and disturbing.”
Donald Trump, Mook continued, used the ambiguous language of Comey’s letter to congressional leaders as an opportunity to “wildly speculate and lie” about the FBI “re-opening” the case against Clinton, while the FBI kept mum about Russian involvement in hacking the Democratic party.
“The FBI had apparently agreed to the same conclusion by 17 intelligence agencies more than a month before the election that Russia was behind this attack,” Mook said, yet Comey “has no problem depriving information to the American people.”
“It’s impossible to view this as anything less than a blatant double-standard,” Mook continued. “These are not the hallmarks of a responsible investigation... The FBI had not even obtained access to review emails for any potential significance, and yet Director Comey insisted on revealing the agency’s discovering” to congressional leadership, creating a “firestorm” just days before the election.
“I am calling on Director to immediately explain this incongruence and apply the same standard to Donald Trump’s associates as he has applied to Hillary Clinton’s,” Mook concluded.
Chiming in, Fallon alleged that “this report suggests that Comey feels compelled to make disclosures about emails that he has not even read... but is insisting on Russian cyberattacks that he agreed was directed at our democracy.”
“It is not fair for him to stay silent about investigations into election-related hacks. If he believes that the Russians are behind it, he should say so.”
Anwering questions from journalists on the call, Mook called Comey’s “lack of further information” regarding the case “particularly frustrating” for the campaign, and Fallon accused Comey of “narrating a play-by-play” of the FBI investigation in Clinton without doing the same thing for the Russian hacking.
Updated
at 9.21pm GMT
9.00pm GMT
21:00
Donald Trump campaigns in Warren, Michigan
Watch it here live:
8.50pm GMT8.50pm GMT
20:5020:50
Donald Trump, about to appear in Warren, Michigan:Donald Trump, about to appear in Warren, Michigan:
Wow! I hear you Warren, Michigan. Streaming live - join us America. It is time to DRAIN THE SWAMP!Watch: https://t.co/pjXELwc5E1Wow! I hear you Warren, Michigan. Streaming live - join us America. It is time to DRAIN THE SWAMP!Watch: https://t.co/pjXELwc5E1
8.37pm GMT8.37pm GMT
20:3720:37
The largest Super Pac supporting Hillary Clinton has released another ad that’s composed solely of Donald Trump quotations:The largest Super Pac supporting Hillary Clinton has released another ad that’s composed solely of Donald Trump quotations:
8.14pm GMT8.14pm GMT
20:1420:14
Hillary Clinton: ‘There is no case’ in FBI email investigationHillary Clinton: ‘There is no case’ in FBI email investigation
8.14pm GMT8.14pm GMT
20:1420:14
Hillary Clinton’s campaign embeds get tacos - a reference to the “taco truck on every corner” sensation.Hillary Clinton’s campaign embeds get tacos - a reference to the “taco truck on every corner” sensation.
Lots of excitement in the Clinton press corps that there is a taco truck waiting outside her plane. Trump would be appalled. pic.twitter.com/MSRfPBpfUSLots of excitement in the Clinton press corps that there is a taco truck waiting outside her plane. Trump would be appalled. pic.twitter.com/MSRfPBpfUS
7.53pm GMT7.53pm GMT
19:5319:53
Speaking at a rally in Grand Rapids, Michigan, this morning, Republican presidential candidate Donald Trump praised James Comey for writing to Congress about the FBI’s review of Hillary Clinton emails.Speaking at a rally in Grand Rapids, Michigan, this morning, Republican presidential candidate Donald Trump praised James Comey for writing to Congress about the FBI’s review of Hillary Clinton emails.
Trump said Comey had guts for the move and jokingly thanked Huma Abedin and Anthony Weiner. He also said Clinton’s election would lead to a constitutional crisis.Trump said Comey had guts for the move and jokingly thanked Huma Abedin and Anthony Weiner. He also said Clinton’s election would lead to a constitutional crisis.
7.49pm GMT7.49pm GMT
19:4919:49
The scene outside of Donald Trump’s upcoming rallies in Warren, Michigan:The scene outside of Donald Trump’s upcoming rallies in Warren, Michigan:
"Just remember with Trump it'll all treats no tricks!" (At Trump Rally in Warren, MI) pic.twitter.com/CIo7mmVr8z"Just remember with Trump it'll all treats no tricks!" (At Trump Rally in Warren, MI) pic.twitter.com/CIo7mmVr8z
7.39pm GMT7.39pm GMT
19:3919:39
Report: FBI concluded Russia undermining election, avoided saying so because it was 'too close' to Election DayReport: FBI concluded Russia undermining election, avoided saying so because it was 'too close' to Election Day
FBI director James Comey reportedly argued that although the FBI had concluded that the Russian government was involved in attempts to undermine the legitimacy of the U.S. electoral process, it was too close to Election Day for the government to say so publicly, according to a report from CNBC.FBI director James Comey reportedly argued that although the FBI had concluded that the Russian government was involved in attempts to undermine the legitimacy of the U.S. electoral process, it was too close to Election Day for the government to say so publicly, according to a report from CNBC.
Citing a former FBI official, CNBC reported that Comey kept the FBI’s name off of a statement released on October 7 declaring that “the US intelligence community is confident that the Russian government directed the recent compromises of emails from US persons and institutions, including from US political organizations,” and that “these thefts and disclosures are intended to interfere with the US election process.”Citing a former FBI official, CNBC reported that Comey kept the FBI’s name off of a statement released on October 7 declaring that “the US intelligence community is confident that the Russian government directed the recent compromises of emails from US persons and institutions, including from US political organizations,” and that “these thefts and disclosures are intended to interfere with the US election process.”
“A foreign power was trying to undermine the election,” the official told CNBC. “He believed it to be true, but was against putting it out before the election.”“A foreign power was trying to undermine the election,” the official told CNBC. “He believed it to be true, but was against putting it out before the election.”
Comey clearly felt differently about possible emails on Anthony Weiner’s computer.Comey clearly felt differently about possible emails on Anthony Weiner’s computer.
7.17pm GMT
19:17
Congressman Jim Jordan, the chair of the Freedom Caucus of tea party-aligned Republicans in the House of Representatives, is one of the sharpest critics of Hillary Clinton and the Obama administration, but the latest person to receive criticism from the Ohio congressman is the Republican director of the FBI.
“I think this was probably not the right thing for [James] Comey to do - the protocol here - to come out this close to an election,” Jordan told Fox News Radio host Brian Kilmeade this morning. “But this whole case has been mishandled, and now it is what it is.”
“He probably felt in light of what he did before he had to bring this out,” Jordan continued. “Quite frankly, because he had done the press conference and all the things he had before he probably did have to send a letter to Congress like he did last week. But I would argue all of this has been wrong from the get go in the way it’s been handled.”
The Office of Special Counsel, an independent federal investigative agency, will neither confirm nor deny any the existence of investigation into Comey for violating the Hatch Act, a law designed to prevent federal officeholders from abusing their power to influence an election.
6.51pm GMT
18:51
Oliver Laughland
Democratic party officials in four swing states have sought federal court injunctions against the Trump campaign and its affiliates, alleging they plan to intimidate minority voters on election day.
The lawsuits argue that the Trump campaign, along with the nominee’s close confidant Roger Stone and state Republican party officials are “conspiring to threaten, intimidate, and thereby prevent minority voters in urban neighborhoods from voting”, citing Trump’s ongoing efforts to recruit “election observers” and Stone’s plans, as revealed by the Guardian, to conduct unorthodox “exit polling” on election day, as evidence of potentially “virulent harassment”.
The lawsuits follow another legal action made in federal court in New Jersey last week by the Democratic National Committee, which argues that the Republican National Committee is in violation of a 1982 consent decree that forbids the organisation from monitoring polls on election day.
Stone told the Guardian last week his group “Stop The Steal” planned to conduct exit polling in nine major cities in swing states, ostensibly to counter “election theft” and gauge the accuracy of electronic voting machines. But a number of polling and election law experts cast doubts on the methodology and suggested the process could be a smokescreen for voter intimidation.
The Republican nominee has for months warned supporters of a “rigged election” and encouraged them to monitor polling areas in cities such as St Louis, Chicago and Philadelphia. The lawsuits, filed by state democratic parties in Ohio, Pennsylvania, Arizona and Nevada would cover many of the cities Stone said he intended to target.
The filings argue that such efforts, along with Trump’s rhetoric, could violate both the Voting Rights Act of 1965, which outlawed discriminatory voting practices in the American south and the Ku Klux Klan Act of 1871, which outlawed intimidation against African American voters.
Election law experts said it was unclear whether courts would issue a broad order, as requested in the filings, to simply prevent voter intimidation, but could look in more detail at the temporary restraining order requested against Stone’s exit polling.
“It could be useful in getting the word out about these activities and secondly getting the [Republican state] parties and [Trump] campaign on record saying they will not engage in these activities,” said Rick Hasen, an election law expert at the University of California and whose Election Law blog first reported the lawsuits on Monday.
The Republican National Committee has been under a consent decree since the 1981 gubernatorial election in New Jersey when the group sent armed off-duty law enforcement officers to patrol polls in minority neighborhoods. These volunteers wore arm bands that identified them as an unofficial “Ballot Security Task Force” and erected posters warning against voting fraud. The RNC dismissed the lawsuit as “completely meritless” last week.
Stone’s exit pollers, self-titled “vote protectors”, had originally planned to use similar non-official identification badges, until these were removed from the organisation’s website late last week. The organisation is still encouraging its volunteers to live stream video from polling stations.
The Guardian contacted Stone and the Trump campaign for a response to the recent lawsuits and is awaiting a response.
6.40pm GMT
18:40
Dan Roberts
Hillary Clinton sought to play down the impact at her first public event of the week.
“Most people have decided quite a long time ago what they think about all this,” she told a rally in Ohio. “Now what people are focused upon is choosing the next president and commander-in-chief.”
But there was less direct criticism of the FBI than over the weekend and Clinton said they were welcome to look at the emails of her aide Huma Abedin.
“I am sure a lot of you may be asking what this email business is about and why in the world the FBI would decide to jump into an election without any evidence and it’s a good a question,” she said to boos from the young crowd at Kent State University in Ohio.
“By all mean they should look at them and I am sure they will reach the same conclusion as when they looked at my emails: there is no case.”
6.31pm GMT
18:31
Donald Trump’s companies have deleted thousands of documents and records from court proceedings, often defying court orders, according to a Newsweek investigation - despite his anger at Hillary Clinton deleting emails from her private server.
Journalist Kurt Eichwald explains the tactics Trump would use to hide documents:
Over the course of decades, Donald Trump’s companies have systematically destroyed or hidden thousands of emails, digital records and paper documents demanded in official proceedings, often in defiance of court orders. These tactics—exposed by a Newsweek review of thousands of pages of court filings, judicial orders and affidavits from an array of court cases—have enraged judges, prosecutors, opposing lawyers and the many ordinary citizens entangled in litigation with Trump. In each instance, Trump and entities he controlled also erected numerous hurdles that made lawsuits drag on for years, forcing courtroom opponents to spend huge sums of money in legal fees as they struggled — sometimes in vain — to obtain records.
Trump would file untruthful affidavits, ignore deadlines and employ top delaying tactics, says Eichwald.
6.13pm GMT
18:13
Trump says it 'took guts' for FBI chief to send letter to Congress
Dan Roberts
Trump claimed on Monday that the FBI had stumbled across a digital “motherlode” and predicted they would discover missing work-related emails that had been deleted from Clinton’s computers.
“650,000?.. I think you are going to find the 33,000 that are missing,” he told supporters in Michigan. “I think we hit the motherlode as they say in the mining industry.”
He also urged FBI director James Comey to resist political pressure from those criticizing his decision to disclose the investigation.
“He’s gotta hang tough because a lot of people think he did the wrong thing, but he did the right thing,” Trump told the Grand Rapids rally. “I was not his fan but what he did he brought back his reputation.”
“It took guts for director Comey to do what he did,” he added, to chants of “lock her up” from the crowd.
6.05pm GMT
18:05
UK golf resort owned by Trump summonsed for alleged privacy breach
Severin Carrell
A Scottish golf resort owned by Donald Trump is being taken to court for allegedly breaching the privacy of a rambler photographed by staff without her consent or knowledge.
The resort in Aberdeenshire was served with a court summons on Monday after Trump’s Scottish lawyers admitted that two staff members took mobile phone images of Rohan Beyts while she was on the course in April.
Trump International Golf Club Scotland, owned by the Republican presidential candidate, has been ordered to appear at Edinburgh sheriff court on 22 December to respond to a civil action lodged in the small claims court by Beyts this month.
Beyts is seeking damages of up to £3,000 ($3,650) after TIGCS rejected her initial requests by letter for an apology and damages. Her civil action claims the company is guilty of a criminal offence under the UK’s data protection and privacy legislation, after an investigation by the Guardian revealed the resort was in breach of the Data Protection Act.
The resort admitted it was not registered under the act with the Information Commissioner’s Office despite operating at least nine CCTV cameras and holding confidential records on its staff, its thousands of customers and its suppliers. It subsequently registered with the ICO in August.
In the US, meanwhile, Trump has threatened to sue any cinema that screens the documentary, You’ve Been Trumped Too. Made by Anthony Baxter, the film is a sequel to You’ve Been Trumped, in which Baxter was seen being forcibly arrested by police as he investigated allegations of intimidatory behavior against the property tycoon’s neighbors in 2010.
Read the rest of the article here.
5.57pm GMT
17:57
Donald Trump’s campaign is refusing to pay a $767,000 bill to a Florida pollster, reports the Washington Post.
The Trump campaign hired GOP strategist and pollster Tony Fabrizio in May. Trump’s latest campaign filings show that it is disputing over three quarters of a million dollars to Fabrizio’s company.
The Trump campaign already paid $624,000 for Fabrizio’s services.
5.40pm GMT
17:40
“Her election would mire our government and country in a constitutional crisis that we can not afford,” says Trump, arguing that an investigation into Hillary Clinton’s email will last years and cripple the economy.
5.38pm GMT
17:38
“Thank you Huma! Good job Huma! Thank you Anthony Weiner!” says Trump to laughter at Michigan, referencing how the FBI is examining emails that came to light due to the investigation of Weiner sexting with an underage girl.
5.33pm GMT
17:33
“It took guts for director Comey to make the move he made in light of the opposition he had where they’re trying to protect her from criminal prosecution... it took a lot of guts,” says Trump in Michigan.