Clinton campaign sends legal warning on ads claiming she's 'under investigation'

Story highlights

  • The FBI announced it was sticking by its first conclusion
  • No charges were recommended against Clinton for her use of a private email server

(CNN)Hillary Clinton's campaign sent cease-and-desist letters to broadcasters advising that they shouldn't air ads from pro-Donald Trump PACs that include the claim that Clinton is "under investigation by the FBI."

The letters were dated Sunday, the same day the FBI announced that it was sticking by its conclusion that no charges were recommended against Clinton following completion of a review of recently discovered emails belonging to Clinton aide Huma Abedin.
    "These ads falsely claim Secretary Clinton is under investigation by the FBI," said the letter from Marc Elias, general counsel for the Clinton campaign. A copy of the letter was read to CNN by a recipient.
    The letter lists some pro-Trump PACs, including Rebuilding America Now and Future 45, and the titles of ads they are funding.
    Elias' letter says that "at no point" did the FBI "reopen" the investigation into Hillary Clinton's emails.
    That's a view Clinton campaign officials and their surrogates have repeatedly made since FBI Director James Comey sent an October 28 letter to Congress saying that the FBI was investigating a cache of thousands of emails found as part of an unrelated investigation. That unrelated investigation is focused on Abedin's husband, former Congressman Anthony Weiner.
    "Therefore the claim in these ads is provably false," Elias wrote.
    The fight over the use of the term "reopened investigation" stems in part from the Justice Department's announcement in July that Clinton matter was "closed."
    The discovery of the Abedin emails in October prompted FBI officials to take another look to ensure the new findings didn't change the July conclusion. Comey, on Sunday, affirmed that the July decision stood.
    Trump campaign manager Kellyanne Conway told CNN's Anderson Cooper on Sunday that perhaps some parts of the tough ads would have to remove the now inaccurate claims about Clinton given the FBI's latest findings.