"The Petraeus case, to my mind, illustrates perfectly the kind of cases the Department of Justice is willing to prosecute", Comey said. In fact, he said it "would be a reasonable inference" for Clinton to conclude that those emails did not include any classified material because of the absence of those headers.
Comey later said he misspoke, and that investigators found classified materials in Petraeus' desk, not in the attic insulation.
Jason Chaffetz, the chairman of the House Oversight and Government Reform Committee, said on Thursday that Congress would send a referral to the FBI to investigate whether Clinton lied under oath about her handling of classified information.
FBI Director James Comey is set to make his first appearance before Congress since announcing the agency's recommendation to not prosecute Hillary Clinton over her private email setup. Such actions would have included "clearly intentional and willful mishandling of classified information", exposure of material suggesting intentional misconduct, signs of disloyalty to the USA or efforts to obstruct justice.
During the hearing, Comey said he stands by his recommendation not to prosecute Clinton - in keeping, he said, with years of precedent - but did allow that non-criminal penalties would be imposed on anyone under his purview who acted similarly.
Although the Federal Bureau of Investigation and the Department of Justice have foregone prosecution, Comey described Clinton's actions "extremely careless" and said that "no reasonable prosecutor" would bring an indictment.
In a stinging assessment of her email practices as secretary of state, Comey rebuked Clinton and her aides for being "extremely careless" in their handling of classified information and contradicted numerous defenses and explanations she's put forward for months.
Comey testified before a House committee this morning that while it was a serious mistake for then Secretary of State Clinton to send classified email using her personal account, the breach of security did not warrant criminal charges. Clinton used a private email server for some of her official business as secretary of state, which may have compromised sensitive information.
"You'll have one, you'll have one in the next few hours", the Utah Republican responded.
"Comey's decision was seen in many quarters as a punt".
Comey made the surprising disclosure about the Petraeus case during questioning.
"There does seem to be two standards", Chaffetz said.
Democrats defended Comey's decision as one based on conviction, not on politics, and blasted Republicans for using a congressional hearing for political theater.
"You'll have one", Chaffetz said.
The Hillary Clinton email scandal is far from over.