I’m betting that in order to tamp down the mutiny, stem the flow of resignations, etc., Comey probably promised to open up the investigation. He never committed to anything more than that. That being done, he fell back on the same technicality he felt served him the first time - intent.
Now it’s up to the rank and file FBI and NYPD to serve the American people. The DOJ is corrupt and covering for one of their criminals.
Comey so busy focusing on intent (which is clear as DAY) all while ILLary’s reckless negligence is also on FULL DISPLAY.
Without the DOJ, I doubt they stand a chance.