David Ferriero, who served as the director of the National Archives and Records Administration (NARA) from November 2009 until he retired this past April, announced in a February letter to House Oversight Committee leadership that his staff had begun communicating with the Department of Justice (DOJ) earlier this year.
In January, Trump returned 15 boxes of documents from his time in office to NARA after the agency notified him the material belonged to the federal government.
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"Because NARA identified classified information in the boxes, NARA staff has been in communication with the Department of Justice," Ferriero wrote in his Feb. 18 letter.
After negotiations regarding additional documents broke down between Trump and federal investigators in recent months, the DOJ obtained a search warrant to obtain additional missing documents. On Monday, FBI agents raided Trump's southern Florida home, pursuing the documents.
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Nonetheless, Ferriero announced he took a different approach in 2015 when Sen. Chuck Grassley, R-Neb., who at the time chaired the Senate Judiciary Committee, questioned whether NARA had notified the DOJ about its investigation into the deletion of Clinton's emails throughout her time as secretary of state.
"The Federal Records Act requires that when a deletion occurs, the head of the agency in question must notify the Archivist, and with the help of the Archivist, initiate an action through the Attorney General for the recovery of those records," Grassley wrote on Sept. 4, 2015.
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"Will you now request the Attorney General initiate an action for recovery for the 15 missing emails and potentially other federal records that Secretary Clinton may have deleted."
In response, Ferriero announced NARA didn't think it was needed to notify the DOJ about the missing emails.
"In light of the ongoing activities, reviews, inquiries, and litigation described above, in which the Department of Justice reportedly is actively involved, we do not believe that it is appropriate or necessary at this time for NARA to request that the Attorney General initiate an action," he wrote to Grassley.
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Ferriero's letter included a timeline of events which said NARA first learned of Clinton's emails in March 2015, several months before the DOJ reportedly began its review of Clinton's handling of possibly classified national security information. According to the timeline, NARA never notified the DOJ regarding its review of Clinton's email usage.