new york whether fbi director jam comey break law may hinge whether political motivations merely job revive democrat hillary clinton email controversy days nov. presidential election richard painter chief white house ethics lawyer former republican president george w. bush saturday accuse comey violate 1939 hatch act fbi chief write congress friday candidate email would scrutinize sunday u.s. senate democratic leader harry reid write comey accuse partisan action may break law hatch act bar government employees take part political activities include solicit accept donations political party use official authority interfere outcome election stephen vladeck professor university texas school law say would surprise complaint lead anything significant would also surprise comey tenure fbi director shorten even violate letter hatch act certainly violate spirit hatch act prompt think twice issue letter especially letter say anything say little publicly know new email trove comey write congress fbi yet determine significance painter file complaint independent office special counsel osc office government ethics spokesman osc specialize hatch act investigative unit decline comment hatch act investigation administrative criminal matter penalties may include removal office demotion temporary suspension civil penalty high 1,000 case high-level officials disciplinary decisions osc action make president monday white house say president barack obama believe comey man integrity try influence election announce scrutiny additional email jan witold baran lawyer wiley rein washington suggest would hard construe appear comey engagement normal government business violation hatch act kenneth gross former associate general counsel federal election commission say comey letter fell outside fbi director normal duties legal obligation disclose detail ongoing probe congress painter complaint say bar extraordinary circumstances public communication pending fbi investigation involve candidate public office close election likely violate act comey say internal memo obtain news media even though common update congress progress investigations felt obligate repeatedly say probe complete osc hatch act unit usually experience surge complaints election years discipline 84 employees last five years almost three-fold increase previous five years osc 2015 report congress say hatch act violations usually relate inappropriate electioneer example 2015 report cite complaint u.s. agriculture department official allegedly ask two subordinate employees donate political action committee support obama 2012 re-election 2016 letter osc find secretary house urban development julian castro violate act advocate presidential candidates media interview castro call inadvertent error uproar whether fbi chief break law raise new clinton email