It was an astonishing moment when FBI Director James Comey told the House Oversight Committee that his “comprehensive” investigation of Hillary Clinton’s email practices had not bothered to consider her sworn testimony before Congress. Testimony that was odds with the conclusions reported by Comey.

Rep. Chaffetz spoke derisively:

"Do you need a referral from Congress to investigate her statements under oath?" Chaffetz asked, to which Comey responded, "Sure do."

With a chuckle, Chaffetz said, "You'll have one. You'll have one in the next few hours."

And so another FBI investigation of Hillary Cinton criminality is underway.  Cynics may say that Comey will only apply the same logic: that Hillary didn’t really know the situation, and so she had no mens rea responsibility for the untruths she spoke. She believed they were true.

Of course, this means that she didn’t bother to check facts before speaking under oath. That she was an entirely incompetent Secretary of State.

I think it is hopeless to expect a criminal referral from the FBI to the DOJ. But I can hope that Comey delivers another speech on what Hillary knew and didn’t know, and why she was so irresponsible that she can’t be held legally responsible.

Before the election, please.