Referral for Clinton perjury probe could come next week

The House Oversight Committee is expected to send a formal request asking the FBI to open a criminal investigation into allegations that Hillary Clinton lied to Congress as soon as next week, a committee aide told The Hill.

Despite a vow Thursday from Chairman Jason Chaffetz (R-Utah) to deliver a referral to FBI Director James Comey “in the next few hours,” committee leaders are still working on the request, the aide said.

Rep. Trey Gowdy (R-S.C.) said Friday that he was reviewing more than 100 transcripts of witness testimony before the House Select Committee on Benghazi to determine whether such a referral was appropriate.

“If a witness said something to a committee of Congress and/or under oath that is not consistent with the truth, our committee, like every other committee, has an obligation to refer that to those who actually do investigate,” Gowdy told reporters. “But we do not investigate crimes in Congress.”

Gowdy confirmed that the committee has not yet submitted a referral to the FBI.

The move comes on the heels of the Justice Department’s decision not to press charges against Clinton for her use of a private email server while she was secretary of State. Republicans, outraged that Clinton appears to be getting off scot-free despite mishandling classified information, have quickly pivoted to accusing her of perjury.

At issue is Clinton’s marathon 11-hour testimony before the Benghazi panel last year, during which she insisted under oath that “there was nothing marked classified on my emails, either sent or received.”

But Comey revealed on Thursday that Clinton did, in fact, exchange emails through her private server that included information marked classified, though he provided some cover for Clinton during his testimony before the House Oversight Committee.