Chaffetz: Clinton should 'probably be going to jail'

Ahead of FBI Director James Comey's testimony, House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-Utah) said he plans to explore the perceived dissonance between the tough language condemning Hillary Clinton's use of a private server as "extremely careless" and the conclusion that no "reasonable prosecutor" should move forward with the case.

"I worry that there are two standards: that if your name is Clinton or you're part of the rich and powerful, you live under a different set of rules than everybody else," Chaffetz told panelists on MSNBC's "Morning Joe." "Because it does appear based on the fact pattern laid out by the director that if you had done those things, you'd probably be in handcuffs, you'd probably be going to jail and probably should, based on the statute. So, we want to ask him about that and now that the Department of Justice said they're not going to prosecute, no reason they can't provide us all the information."

Chaffetz said it is likely he will point to similar cases in the past that have been prosecuted, mentioning the case of former Director of Central Intelligence John M. Deutch, who in 1999 had his security clearance revoked after it was found that he had improperly stored classified information on his laptop computers. President Bill Clinton later pardoned Deutch before the Justice Department was able to file a case.

"Look, we're talking about classified information. And it wasn't one innocent mistake," Chaffetz said of Clinton's use of private email. "This was something that went on for years. It put people's lives in jeopardy."

While acknowledging Comey's point that it is not definitively known whether her server was hacked, Chaffetz said the FBI director "is getting as close to that line [as he can], saying she put people's lives at risk unnecessarily."

"I went overseas and the State Department pleaded with me, told me I can't bring any electronic communication," the Utah Republican said. "And yet, the secretary goes and uses her own personal email. How does that happen?"

With respect to Comey himself, Chaffetz said he had no reason to question the FBI director's integrity in light of his declaration Tuesday that the investigation was not political.

"No, he's a man of great integrity. That's why it's mystifying. So a person like myself when he laid out the case and all the times that Hillary Clinton lied and all the times Mrs. Clinton provided false information not only in public, but also under oath, how is it that you go through that whole thing?" Chaffetz said. "I retweeted what MSNBC put together, what you put together on this show, showing the contrast between what he said and what she said. And then, how do you come to the conclusion that, well, no, nothing, there's no consequence? It makes no sense to me."