Although the State Department has asked the FBI to provide notes from its July interview with Hillary Clinton, the law enforcement agency refused to do so before giving Congress the notes Tuesday in a batch of classified documents from its year-long investigation of the Democratic nominee.
Mark Toner, a State Department spokesman, said the FBI had shared with his agency some of the sensitive emails that were set to be produced to the House Oversight Committee in response to a request for justification of the decision to clear Clinton of criminal wrongdoing.
But the FBI had so far refused to allow State Department officials to review notes from its three-hour interview with the former secretary of state.
"We did ask the FBI that we be kept apprised of any information that they provided to Congress, and the reason why we did this is because it would relate to State Department equities and this is, frankly, a time-honored traditional inter-agency practice," Toner said.
"My understanding is that we continue to work with the FBI on those interview summaries," he added. "We obviously respect the FBI's desire to accomodate Congress and its committees of oversight, but we haven't quite reached an agreement on those."
Toner said the FBI had provided details of the "arrangements" agents had made in preparation to turn over an unspecified number of "secret"-level documents to congressional staffers Tuesday.
The agency spokesman acknowledged a recent court ruling in a Freedom of Information Act lawsuit filed by a conservative-leaning group that will force the State Department to publish the thousands of work-related emails Clinton deleted from her private server. Those records were recovered by the FBI in the course of its criminal probe.
"Last Friday, in a court filing, the State Department voluntarily agreed to produce to Judicial Watch sent or received by Secretary Clinton in her official capacity ... which are contained in the material turned over by the FBI," Toner said.
He added that the agency did not yet know whether the new emails would be posted online in a manner similar to the roll-out of the 30,000 emails the agency published between June 2015 and February of this year.