September 9, 2016: A Congressperson serves the FBI a subpoena for all the unredacted interviews from the FBI’s Clinton investigation.

Jason Herring (Credit: CSpan)

Jason Herring (Credit: CSpan)

FBI acting legislative affairs officer Jason Herring testifies before the House Oversight and Government Reform Committee.

He is asked by Representative Jason Chaffetz (R), chair of the committee, to promise to hand over all of the FBI interview summaries, known as 302s, in unredacted form.

Herring says he can’t do that, and suggests that Chaffetz should file a Freedom of Information Act (FOIA) request, just like any private citizen can.

Committee member Representative Trey Gowdy (R) later complains, “Since when did Congress have to go through FOIA to obtain 302s?”

Chaffetz serves the FBI a subpoena during a House Oversight and Government Affairs Committee hearing on September 9, 2016. (Credit: ABC News)

Chaffetz serves the FBI a subpoena during a House Oversight and Government Affairs Committee hearing on September 9, 2016. (Credit: ABC News)

Chaffetz replies to Henning, “You don’t get to decide what I get to see. I get to see it all.” Then he brings out a subpoena. He sends it to the witness table where Henning is sitting, and says, “I’ve signed this subpoena. We want all the 302s… and you are hereby served.”

In fact, Chaffetz’s committee has some of the 302s already, but all “personally identifiable information” has been redacted from them. The committee wants to know more about the role of Paul Combetta in deleting and the wiping all of Clinton’s emails from her personal server, but since Combetta is a Platte River Networks (PRN) employee and not a government employee, much information about what he did has been redacted.

Representative Carolyn Maloney (Credit: Andrew Burton / Getty Images)

Representative Carolyn Maloney (Credit: Andrew Burton / Getty Images)

Representative Carolyn Maloney (D), a member of the committee, claims the obstacle to Chaffetz seeing the redactions actually is the House Intelligence Committee, not the FBI. Chaffetz has asked House Intelligence chair Representative Devin Nunes (R) for access to the unredacted versions, but no vote on that request has been taken or scheduled yet.

However, Senator Charles Grassley (R), chair of the Senate Judiciary Committee, also complains about how the FBI is not letting his committee see unredacted documents from the investigation. “The FBI is trying to have it both ways. At the same time it talks about unprecedented transparency, it’s placing unprecedented hurdles in the way of Congressional oversight of unclassified law enforcement matters. It turned over documents, but with strings attached. … The Senate should not allow its controls on classified material to be manipulated to hide embarrassing material from public scrutiny, even when that material is unclassified.” (Politico, 9/12/2016)

Two other Congressional committees formally asked the Justice Department on September 9, 2016 for the full FBI interviews of Combetta and other PRN employees. (US Congress, 9/9/2016)

October 5, 2016: The Justice Department allegedly made immunity side deals that ordered the destruction of key evidence and limited what the FBI could search.

Devin Nunes (Credit: public domain)

Devin Nunes (Credit: public domain)

The chairs of several House and Senate committees write a letter to Attorney General Loretta Lynch, with questions about the limitations the Justice Department placed on the investigation of Clinton’s private server. The signatories of this letter are: House Oversight and Government Reform Committee Chair Jason Chaffetz (R), Senate Judiciary Committee Chair Chuck Grassley (R), House Judiciary Committee Chair Bob Goodlatte (R), and House Permanent Select Committee on Intelligence Chair Devin Nunes (R).

According to the letter, recently released documents suggest the department, “agreed to substantial and inappropriate limitations on the scope of [the FBI’s Clinton email] investigation.” The restrictions were discovered in the course of the committees’ review of the immunity agreements for former Clinton staffers Cheryl Mills and Heather Samuelson.

Here are some key excerpts from the letter:

  • “We write to express our concerns about the process by which Congress was allowed to view the [Beth] Wilkinson letters, that the letters inappropriately restrict the scope of the FBI’s investigation, and that the FBI inexplicably agreed to destroy the laptops knowing that the contents were the subject of Congressional subpoenas and preservation letters.” (Wilkinson is the lawyer to both Mills and Samuelson.)
  • “These limitations would necessarily have excluded, for example, any emails from Cheryl Mills to [Platte River Networks employee] Paul Combetta in late 2014 or early 2015 directing the destruction or concealment of federal records. Similarly, these limitations would have excluded any email sent or received by Secretary Clinton if it was not sent or received by one of the four email addresses listed, or the email address was altered.”
  • “Further, the Wilkinson letters memorialized the FBI’s agreement to destroy the laptops. This is simply astonishing given the likelihood that evidence on the laptops would be of interest to congressional investigators.”
  • “The Wilkinson letters raise serious questions about why [the Justice Department] would consent to such substantial limitations on the scope of its investigation, and how Director Comey’s statements on the scope of the investigation comport with the reality of what the FBI was permitted to investigate.”

In closing, so that the committee chairs can better understand the DOJ’s basis for agreeing to these restrictions, the letter includes eleven questions for Loretta Lynch, and answers must be submitted no later than October 19, 2016. (US Congress, 10/05/2016)