Harry Reid tells Director of the FBI, James Comey, he "may" have violated the Hatch Act. The New York Times says if the election goes to Mr. Trump, then Mr. Comey "might" be guilty of violating the law which forbids federal employees from using their offices to influence political activity, elections.
All this implies there is some doubt about whether Mr. Comey violated the law.
The Times, and others, point out Mr. Comey's intent must be assessed to convict him of violating the law.
Yes, that's what trials are about, weighing alternative interpretations of actions.
But this is also what arrests are about, and what timing is about. And what law is about.
Judges have a process by which they can issue an interim decision when timing is critical to outcomes.
Unless I'm mistaken, the only remedy for the current situation is to publicly arrest Mr. Comey, and make him do a perp walk in handcuffs, to say to those impressionable voters out there who are wondering if the FBI investigation of emails associated with Mrs. Clinton implies she has done something wrong or even illegal, to say to these folks, no, actually it's the Director of the FBI who has done something wrong.
He has taken action which can only be seen on face value as one which was motivated by trying to influence an election. He can be tried on this charge. We can take all the time he needs to prepare his defense, but for now, he belongs in jail.