Maybe he can be. I don't know the actual law that would be invoked. Obstruction of justice, maybe. I'm being much easier on Comey than many on this board. My latest hare-brained theory is that he was given a green light to leak it, while the JD would publicly condemn him, while Hillary would demand he release evidence she knows he can't.
Yes, it's wild but my speculation as to Comey's justification (not his motive, but his rationalization) was on right point, in Part 3 of the thread, and I was blasted for that. I speculated he would indicate that he was trying to get in front of the story because he was certain the discovery would be leaked before the election. It turns out that is exactly what he told colleagues, according to those colleagues, as reported in the New York Times. Now my theory is that HRC knew this was going to happen, and is savvy enough to plan a strategic response - something Donald could never do. This issue is now being hashed over so much people's eyes are beginning to glaze over. There's a big backlash of people condemning Comey and apparently many voters report they are more likely to vote for Hillary than they were before.
Here is something off: I've seen cops get search warrants over the phone at 2 a.m. It's routine. There's probably even a rotation set up for which judge to contact given the day and time. FBI agents could be given limited top-secret security access, if they don't have it already. As I said in the old thread to me the most damning thing is that he flatly stated the emails were pertinent, before backpedaling somewhat.
I find it very odd that a search warrant hasn't been issued. It may even have been turned down under the "fruit of the poison tree" doctrine, making the emails inadmissible, ever, in a criminal case against Clinton, or Huma. There may even be appeals going on. Comey could well be as oily as the Hillary supporters are pointing out - that he knew he had nothing, would never get access but that he lobbed it over to his GOP buddies for a smear campaign. I'm not sure that happened, but I am fairly confident that there is more to this than meets the eye.