Rep. Jason Chaffetz (R., Utah) guaranteed to FBI Director James Comey during a congressional hearing Thursday that the FBI will have a referral within hours to investigate Hillary Clinton’s past statements under oath on her private email server.
"Did you review the documents where Congressman Jim Jordan asked her specifically and she said, ‘there was nothing marked classified on my emails either sent or received,’" Chaffetz asked Comey at a House Oversight Committee hearing.
Comey said he did not remember reviewing what Chaffetz cited.
"I don’t remember reviewing that particular testimony," Comey said. "I’m aware of that being said though."
Chaffetz then asked if the FBI investigated Clinton’s past statements under oath in front of Congress.
"Did the FBI investigate her statements under oath on this topic?" he asked.
Comey responded that the FBI needed a referral from Congress to be able to investigate the matter.
"Not to my knowledge," Comey said. "I don’t think there has been a referral from Congress."
Chaffetz asked to clarify if the FBI director needs a referral from Congress to investigate what was said under oath.
"Sure do," Comey responded.
Chaffetz laughed.
"You’ll have one," he said. "You’ll have one in the next few hours."
Chaffetz called Comey to testify before the House Oversight Committee less than 24 hours after Attorney General Loretta Lynch announced she would accept Comey’s recommendation from Tuesday to not press charges against Clinton for mishandling classified information with her private server. Comey also said in his statement Tuesday that Clinton and her senior aides were "extremely careless" with their handling of classified material.
Politico reported that Chaffetz called it "surprising and confusing" that Comey did not recommend an indictment for Clinton, adding that the FBI chief's criticism "makes clear Secretary Clinton violated the law."
"Congress and the American people have a right to understand the depth and breadth of the FBI’s investigation," Chaffetz said in a statement after Comey agreed to testify.