In early July 2016, Republicans formally asked the Justice Department to open an investigation into whether Clinton committed perjury with some of her comments while speaking before Congress in October 2015.
On August 15, 2016, Representatives Bob Goodlatte (R), chair of the Judiciary Committee, and Jason Chaffetz (R), chair of the Oversight Committee, write a letter to Channing Phillips, the US attorney for the District of Columbia. The letter points out four comments Clinton made in her Congressional testimony that they believe contradicts what the FBI learned during their Clinton email investigation.
They write: “The four pieces of sworn testimony by Secretary Clinton described herein are incompatible with the FBI’s findings. We hope this information is helpful to your office’s consideration of our referral.”
- In her testimony, Clinton claimed that none of the material she sent or received via her personal email account was marked as classified. But the FBI later determined that at least three emails contained classified markings, although they were apparently done in error.
- Clinton claimed her lawyers went through each of her emails individually before deciding to delete them or not. However, the FBI has since claimed this is not so.
- She said all of her work-related emails were given back to the State Department in December 2014, but thousands of other work-related emails have since been found.
- She claimed she only used one server while secretary of state, but the FBI says the server was replaced more than once.
Earlier in the month, the Justice Department told Goodlatte and Chaffetz that it is reviewing information “and will take appropriate action as necessary.”
The Hill comments that the “letter is a sign that Republicans are committed to pressuring the Justice Department to act against Clinton, even after it notably declined to prosecute her for mishandling classified information,” and that Republicans “also appear to be making a public case for an indictment, perhaps building off widespread unease with the decision not to prosecute…” (The Hill, 8/16/2016)