Agents within the Federal Bureau of Investigation never destroyed laptops given to them by aides of Hillary Clinton as previously reported, a Washington D.C. lawyer with a source close to the Clinton investigation says.

Washington D.C. attorney Joe DiGenova said on The David Webb Show on SiriusXM Friday night that despite the FBI agreeing to destroy the laptops of Clinton aide Cheryl Mills and ex-campaign staffer Heather Samuelson as part of immunity deals made during the initial investigation of Clinton’s email server, agents involved in the case refused to destroy the laptops.

“According to the agreement reached with the attorneys who handed over their laptops, the laptops were to be destroyed per the agreement after the testimony was given –the interviews were given – – by the attorneys. The bureau and the department agreed to that,” DiGenova said. “However the laptops contrary to published reports were not destroyed and the reason is the agents who are tasked with destroying them refused to do so. And by the way the laptops are at the FBI for inspection by Congress or federal courts.”

DiGenova said the laptops have already been subpoenaed and the FBI is waiting for Congress to ask for them.

“When I found out last Sunday that those laptops — by the way from somebody who is involved in the investigation by the FBI– had not been destroyed contrary to published reports, I could not believe that the Republicans had not gotten their hands on them even yet,” he said.

FBI Director James Comey announced Friday that emails relating to the closed investigation into Clinton’s private email server were found on a computer belonging to Anthony Weiner, former New York congressman and estranged husband of a Clinton aide Huma Abedin.

Comey’s letter to Republican and Democrat members of Congress said the FBI would look into the emails to see if any classified information is among them.

A law enforcement source told The New York Times that Abedin’s emails were on Weiner’s laptop, which the FBI had gotten in relation to its investigation into Weiner.

A source familiar with the investigation, The New York Times reported, said, agents seized the laptop and Weiner’s iPad and cellphone.

“[Abedin] may have been asked in her FBI interview if there are any other devices and she may have said no. And in the investigation of her husband, Congressman Wiener former Congressman Weiner, they may have discovered that there were four devices–some his some, hers used — by both of them for communications,” DiGenova said.

“And it is quite clear from the tenor of the letter of what the director sent that there is in fact classified information on some of those devices,” he added, noting he does not believe Comey will clear the matter before the election and release the information on the probe that the Clinton campaign wants.

Follow Kerry on Twitter