It's been more than a year since Bernie Sanders first referred to "those damn emails" in a primary debate, and with the election ending a week from tomorrow, it could be those very same emails that make or break the election, depending on who you're rooting for or, in the case of most, rooting against.

The latest controversy began on Friday, when FBI director James Comey sent a letter to Congress, saying they found new emails that passed through Hillary Clinton's private email server, and that the agency plans to "assess their importance to the investigation."  Comey did note that he didn't know yet if they were significant.

As it turns out, those emails were found on at least one device shared by Clinton aide Huma Abedin and her husband, former Congressman Anthony Weiner. They were found during an investigation into accusations Weiner, aka Carlos Danger, sent sexually explicit messages to a 15-year-old girl.

Following the announcement, Donald Trump was quick to say he cared about those damn emails, while Clinton was just as quick to question their importance.

Over the weekend, the FBI got the warrant it needs to go through the newly discovered emails. But, so far, there is no timetable for any announcement. It's been reported that Attorney General Loretta Lynch urged Comey not to send the letter to Congress. And former AG Eric Holder signed a letter along with about 100 other former federal prosecutors and Justice Department officials expressing concerns about the move, which did not follow department policy.

Former U.S. Attorney Donald Stern and Attorney Kevin Martinjoined Jim to discuss the concerns.

Stern, who signed the letter, said that Comey made a colossal mistake. He said that Comey runs the risk of influencing the election, and appearing to influence the election. The DOJ, he said, has a policy that you don't do anything publicly within a window before an election. He said the announcement was a non-announcement, which is the irony of the whole thing. FBI agents hadn't seen the emails at the time that Comey sent out the letter.

Martin said that Comey should not have announced in July there were no grounds to prosecute Clinton. But because he made the announcement in July, this one in October was not out of place. He said that Clinton has been using that July announcement to ward off concerns about her email use. If he did not say something now, it would have been a misleading record, he said.

Stern said that the public hears "Clinton, emails, FBI investigation" and that is unfair. He said it is a black mark on the justice system, and unfair to Clinton. Martin said that Justice Department officials could not order Comey not to make this announcement. Stern said Comey could have been ordered not to announce, but there would have been fallout. Martin said that Comey found himself in a position where steps had to be taken. Neither thought that Comey had violated the Hatch Act, which limits the political participation of federal employees.

At this point, said Martin, whatever damage that has been done is done. In the next week or so, Comey should stay out of the spotlight, said Martin. Stern said that Comey should be more forthcoming about what THE FBI knows, and he should speak in a forceful way.