Both decided that they were playing a bigger game than legal niceties. In Roberts' case, his decision to uphold Obamacare was calculated to keep it alive as a negative issue against Obama's reelection bid, while at the same time forcing the Liberal justices to accept a curb on the Commerce Clause in future cases.
In the same vein, Comey has decided that the upcoming election is more important than perpetuating a legal squabble that would allow Hillary to play the victim of a rogue prosecutor (a la Ken Starr's prosecution of her husband). Besides, Hillary will be given a Presidential pardon anyway. Instead, he presented to the public a de facto indictment of her corrupt practices.
Whether Comie will have any greater effect on the subsequent election than did Roberts remains to be seen. But he just made Hillary's road to the White House a lot rougher.
In the same vein, Comey has decided that the upcoming election is more important than perpetuating a legal squabble that would allow Hillary to play the victim of a rogue prosecutor (a la Ken Starr's prosecution of her husband). Besides, Hillary will be given a Presidential pardon anyway. Instead, he presented to the public a de facto indictment of her corrupt practices.
Whether Comie will have any greater effect on the subsequent election than did Roberts remains to be seen. But he just made Hillary's road to the White House a lot rougher.