I suppose if "phase three" turns out to be the 33,000 Hillary deleted email's and a single email shows intent; that might suffice for Comey to change his opinion.
Should be an interesting few days, regardless, nothing good will happen in the next week
...Well, the Cubs might win the last two games.
From Comey's statement.
"In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts.
All the cases prosecuted involved some combination of:
clearly intentional and willful mishandling of classified information;
or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct;
or indications of disloyalty to the United States; or efforts to obstruct justice.
We do not see those things here."
https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b-comey-on-the-investigation-of-secretary-hillary-clinton2019s-use-of-a-personal-e-mail-system[b]