Republican lawmakers on Thursday grilled FBI Director James Comey on his recommendation to not prosecute Hillary Clinton for sending classified information from her personal email server. Washington bureau reporter Alberto Pimienta filed the following report.
During hours of questioning, FBI Director James Comey maintained, again and again, that Hillary Clinton did not break the law.
"I do not see evidence that is sufficient to establish that Secretary Clinton, or those whom she was corresponding, both talked about classified information on email and knew when they did it, they were doing something that was against the law," he said.
Republican members of the House Oversight Committee fired back. Chairman Jason Chaffetz insisted that "the average Joe" would have been prosecuted.
"I think there is a legitimate concern that there is a double standard if your name isn't Clinton or you're not part of the powerful elite that Lady Justice will act differently," he said.
Chaffetz also said they will be sending the FBI a referral to investigate if Clinton lied under oath to Congress.
During the hearing, Comey said the former secretary of state and her staff had no criminal intent, and that was the deciding factor in not seeking prosecution. He also noted that some of the statements she made publicly were contradicted by their investigation.
Rep. Trey Gowdy, South Carolina: Secretary Clinton said there was nothing marked classified on her email either sent or received. Was that true?
Comey: That’s not true. There was a small number of portion markings in, I think, three of the documents.
Democrats came to the defense of the party’s presumptive presidential nominee, calling the hearing "political theater." They backed the FBI’s recommendation to the Department of Justice.
"I firmly believe that your decision was not based on convenience but conviction," said Rep. Elijah Cummings of Maryland.
Comey drew differences between Clinton and the case of former CIA Director David Petraeus. He said Petraeus had scores of classified documents hidden in his attic and lied to the FBI.
"He admitted that was the wrong thing to do. That is a perfect illustration of the kind of cases that get prosecuted," Comey said.
During the hearing, Comey said the investigation was conducted without any political influence. But after hours of testimony, Republicans remained unconvinced.