A representative of the FBI suggested to members of the House Oversight Committee during a hearing Monday that they file a Freedom of Information Act request for documents related to the bureau's investigation of Hillary Clinton's private email use.
Jason Herring, acting assistant director for congressional affairs at the FBI, argued that "the remainder of the 302s will come out through the FOIA process" when pressed by Rep. Trey Gowdy, R-S.C., to publish summaries of witness interviews, known as 302s, from the FBI's year-long probe of Clinton and her associates.
"Since when did Congress have to go through FOIA to obtain 302s?" Gowdy said. "You have given me the summary of a summary of an interview."
The FBI released 58 pages of notes from its investigation on the Friday before Labor Day. The report, which revealed the steps Clinton's aides took to destroy records under subpoena, summarized dozens of interviews with witnesses involved in the former secretary of state's private email network.
Herring said the FBI "made a principled decision about what to provide" to Congress and the public.
"It was certainly made at the highest levels of my agency," he added.
Although Rep. Jason Chaffetz, chairman of the Oversight Committee, demanded the FBI's full investigative file from the Clinton email case, including the summaries from every witness interview, Herring said he could not gurantee the bureau would be able to provide the records.
Chaffetz then issued a subpoena for the files. After he chided Herring for suggesting the committee file a FOIA request for the interview summaries, the FBI agent said it was "not necessary."
Herring said "restrictions" on some of the records might prevent the FBI from sharing even the unclassified version of its notes with Congress.
House Republicans have expressed frustration with the limited number of documents provided to Congress by the FBI after Director James Comey announced in July that he intended to close the probe without pursuing indictments against anyone involved.
Several members of Congress, including Chaffetz, were not able to view some of the emails recovered by the FBI due to their highly classified contents.
After a heated hearing about the redactions made to the FBI's Clinton email documents, the Oversight Committee voted to continue its discussion of the investigative file in a classified setting.