New emails being reviewed in Clinton private server investigation

- FBI forensic computer experts have developed a program with key search terms and the process of sifting through the records on Anthony Weiner's computer has begun.

Late Sunday, the FBI got a warrant allowing investigators to read the content and to determine if the emails are new or duplicates of records provided to the State Department. An intelligence source said the preliminary search turned up hits for State Department records, as well as emails from the Clinton server.

President Obama's spokesman seemed to chastise FBI Director James Comey's decision to notify Congress, Josh Earnest insisted the White House is neutral.

"I'll neither defend nor criticize what Comey has decided to communicate about the investigation," he said.

A source close to Weiner's legal team tells FOX News' Bret Baier that it seems his laptop was used to back up his estranged wife's smartphone contacts, and in the process, backed up all of Huma Abedin's emails.

FOX is told the records appear to cover the time period when Huma Abedin was at the State Department with then Secretary Hillary Clinton.

Writing in the Washington Post, former Attorney General Eric Holder said Comey breached a long standing principle that investigations should not be announced or publicly discussed six weeks before an election.

A senior Democrat went further.

"You don't want to appear to be putting your hand on the scale, and here he opens up the FBI to the accusation that it's trying to have an impact on the outcome," said California Representative Adam Schiff, who is on the House Intelligence Committee.

A former attorney general under President Bush was also uncomfortable.

"You don't comment on investigations because commenting on the investigation may jeopardize the investigation. And that's the box that he's put himself in," said Alberto Gonzales.

But on FOX News' "Special Report," the Republican Chairman of the House Benghazi Committee, whose investigators uncovered Clinton's use of private email, said Comey is unfairly targeted.

"Jim Comey is not responsible for a single one of the facts at hand. He didn't tell her to use a private server. He didn't tell Huma not to turn over all of her devices, and God knows he didn't tell Anthony Wiener sexually explicit texts to allegedly underaged people," said South Carolina Representative Trey Gowdy.

The Justice Department has now sent a letter to lawmakers pledging to make every resource available to expedite the review before Election Day.


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