July 7, 2016: Republicans ask the FBI to launch another investigation related to Clinton’s emails, questioning statements she made under oath.

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Comey (left) and Chaffetz (right) shake hands while Elijah Cummings looks on at the House Benghazi Committee hearing on July 7, 2016. (Credit: Getty Images)

In a Congressional hearing to clarify his public speech ending the FBI’s Clinton investigation given on July 5, 2016, FBI Director James Comey is asked questions related to testimony Clinton gave under oath to the House Benghazi Committee on October 22, 2015. Comey’s answers directly contradict what Clinton said then, for instance Clinton’s assertion that there was “nothing marked classified on my e-mails either sent or received.” He also contradicts her claims that there was only one private email server while she was secretary of state, and that her lawyers read each of her over 60,000 emails while sorting them.

As a result, Jason Chaffetz (R), chair of the House Oversight Committee, asks, “Did the FBI investigate her statements under oath on this topic?”

Comey replies, “Not to my knowledge. I don’t think there’s been a referral from Congress.”

Chaffetz then asks, “Do you need a referral from Congress to investigate her statements under oath?”

“Sure do,” Comey responds.

Chaffetz says, “You’ll have one. You’ll have one in the next few hours.”

The Washington Post later confirms that, by the end of the day, Chaffetz does formally request the FBI to investigate whether Clinton misled Congress.

The Post also notes, “While the just-concluded FBI investigation was requested by the intelligence community’s inspector general, a new probe of Clinton would be a product of Congress — a distinction that carries obvious partisan implications.” However, “That is a risk Republicans are ready to take.” (The Washington Post, 7/7/2016)

Chaffetz’s request is sent to Channing Phillips, the US attorney for the District of Columbia.  (Salon, 9/6/2016)

August 15, 2016: Two Republican Congresspeople specifically point out the comments they believe make Clinton guilty of perjury.

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.

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Representative Bob Goodlatte (Credit: Twitter)

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)

September 6, 2016: Representative Chaffetz asks a federal prosecutor to determine if Clinton and/or members of her staff played a role in deleting her emails from her private server.

Channing Phillips (Credit: public domain)

Channing Phillips (Credit: public domain)

The request comes in the form of a letter from Representative Jason Chaffetz (R), chair of the House Oversight and Government Reform Committee, to Channing Phillips, the US attorney for the District of Columbia. It asks the Justice Department to “investigate and determine whether Secretary Clinton or her employees and contractors violated statutes that prohibit destruction of records, obstruction of congressional inquiries, and concealment or cover up of evidence material to a congressional investigation.”

Although the FBI ended its Clinton email investigation in July 2016 without recommending an indictment of Clinton or anyone else, newly revealed evidence indicates Platte River Networks (PRN) employee Paul Combetta deleted and wiped all of Clinton’s emails in March 2015. He had communications with Clinton’s lawyers just days before and after the deletions, but the FBI was unable to determine what was said in those communications, possibly due to an assertion of attorney-client privilege. (Salon, 9/6/2016)