In his testimony before the Senate Judiciary Committee, James Comey responded to a question about the leaks that named Giuliani:

LEAHY: Let me ask you this. During your investigation into Hillary Clinton’s emails, a number of surrogates like Rudy Giuliani claimed to have a pipeline to the FBI. He boasted that, and I quote, numerous agents talk to him all the time. (Inaudible) regarding the investigation. He even said that he had — insinuated he had advanced warning about the emails described in your October letter. Former FBI agent Jim Kallstrom made similar claims.

Now, either they’re lying, or there’s a serious problem within the bureau. Anybody in the FBI during this 2016 campaign have contact with Rudy Giuliani about — about the Clinton investigation?

COMEY: I don’t know yet. But if I find out that people were leaking information about our investigations, whether it’s to reporters or to private parties, there will be severe consequences.

LEAHY: Did you know of anything from Jim Kallstrom?

COMEY: Same answer. I don’t know yet.

LEAHY: Do you know any about — from other former agents?

COMEY: I don’t know yet. But it’s a matter that I’m very, very interested in.

LEAHY: But you are looking into it?

COMEY: Correct.

The FBI is, therefore, about to send us a response which won’t say “we can neither confirm nor deny” this.

Obviously, I cannot be certain what the FBI’s lawyers will tell our lawyers. But there is a parallel instance where Jason Leopold of Vice made a FOIA request to the FBI over an investigation into Trump’s comments in July: “Russia, if you’re listening….” as he called for Russia to release Clinton’s emails.

The FBI response to that changed after Comey’s first testimony. Their reply now includes these paragraphs: