Lauren Hodges

FBI Director James Comey's letter to Congress reporting a renewed look into e-mails that could be related to Hilary Clinton's private server rocked the presidential race on Oct 28. The Clinton campaign and supporters have jumped on Comey for making such a dramatic announcement so close to an election. The question being raised now is whether the timing and style of the announcement make it illegal.

Democrats allege this is more than just an 11th-hour inconvenience. Senate Democratic Leader Harry Reid says Comey may have violated a law known as the Hatch Act by making the investigation public this late in the election season. In a letter to Comey, Reid said the move revealed a "clear double standard" and accused Comey of using his position as FBI director to influence the election. The Hatch Act prohibits federal employees from using their official authority or influence to affect the result of an election. An official complaint was filed with the Office of Special Counsel and the Office of Government Ethics by Richard Painter, the chief White House ethics lawyer under the George W. Bush administration from 2005 to 2007. Painter wrote about his decision in an op-ed for The New York Times on Sunday, calling Comey's move "an abuse of power."