First we were told the FBI was investigating the shockingly apparent violations of ethics and the law involving Bill and Hillary Clinton's misuse of her office and the Clinton Foundation they use as a personal tax-exempt piggybank.

Then we were told by FBI Director James Comey his agency was not.

Now we're being told once again, by an "unnamed senior official" it is.

What are we to believe about this?

I have two guesses, based on the unscrupulous history of the Democratic Party, Barack Obama and Hillary Clinton:

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This is an administration leak designed to make Americans believe there can actually be blind justice when it comes to the crimes of powerful members of the Democratic Party. That's what the sham investigation by Comey into Hillary's emails amounted to at the end of the day. She got off without any charges for crimes that would have landed just about anyone else in prison and disgrace. Probably this "investigation" will end the same way. You won't hear any more about it until long after Election Day. This Justice Department is misnamed. It should be called the Injustice Department.

But there is another possibility, even more sinister, perhaps. Suppose – just suppose now – that Obama is hedging his bets. What if he is actually using this FBI and this Injustice Department to do a real investigation intended to maintain his position as president? I have previously speculated, and that's all it is I admit openly, pure informed speculation, that Obama has not completely abandoned the idea of remaining president past Jan. 20, 2017. The earlier speculation focused on what would happen if Donald Trump won the election. You can read those two columns here and here.

How would this latter plan work if Hillary won the election?

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It's no secret that there's never been any love lost between the Obamas and the Clintons. They were fierce competitors in 2008. It was she and her campaign that first raised the eligibility question. It was Obama who played the "race card" against the Clintons, in the words of Bill himself in that campaign. She did him no favors as secretary of state – accomplishing nothing but scandalous activity, officially and unofficially, in her brief tenure in the job.

So what if – and it's a big "if" – Obama is holding something back? Suppose he has actually authorized a probe of what she did as secretary of state to benefit herself and the Clinton Foundation.

Is it possible he might use the findings – and, believe me, they are not hard to find – to indict her between Election Day and Jan. 17, while he is still president?

If she is indicted on serious charges, she will not be permitted to take the oath of office. Neither will Tim Kaine be permitted to assume the office of the president because he will not yet be vice president.

The whole thing will create a constitutional crisis. The next in line, House Speaker Paul Ryan, will not be allowed to assume the presidency, either, because there is a sitting president.

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What might Obama do? He might declare a national emergency that permits him to remain in power until another election is held. Or, he might even stay on while and turn things over to the person he preferred to succeed him all along – Vice President Joe Biden. Or, he might even try to stay in power for another four years.

If this admittedly unlikely and far-fetched scenario occurs, it will demonstrate that Obama has been planning it for quite some time. That's why I'm telling you about the remote possibility now.

Had Hillary been indicted during the campaign, as she should have been, this whole scenario would not have been possible. The Democrats would have been forced to nominate another candidate – probably Bernie Sanders. Of course, we know the Democratic Party establishment would not have allowed that under any circumstances.

Think about it.

The polls show Obama, despite his breaches of the Constitution, despite his flouting of the law, despite his inflammatory rhetoric on race, despite his war on cops, despite his shocking foreign-policy failures, despite his flailing economy hanging on a thread, despite his lies about Obamacare, remains popular with a majority of the American public – especially the low-information voter.

The Big Media love him. Only the alternative media challenge him.

The Republican Congress has never challenged him – not on anything. Would you really expect it to begin in the heat of a "national emergency"?

The so-called "progressives," with the possible exception of the Bernie Sanders crowd, would love it. And, in fact, the deal would probably honor Bernie in some way to mollify them.

While the Constitution prohibits Obama from being elected to a third term, it doesn't speak to a non-elected third term.

Trump says the election is rigged. Maybe he just doesn't even know how right he is.

Media wishing to interview Joseph Farah, please contact [email protected].

