A House panel grilled FBI Director James Comey two days after he recommended against prosecuting former Secretary of State Hillary Clinton for an email server scandal. In the hearing, South Carolina Rep. Trey Gowdy questioned Comey on the definition of intent and how Clinton could possibly evade punishment.
The exchange grew heated at times, with comments like this one from Gowdy: "You and I both know intent is really difficult to prove. Very rarely do defendants announce 'On this date I intend to break this criminal code section. Just to put everyone on notice, I am going to break the law on this date.'"
Here's a full transcript of the exchange:
Gowdy: Good morning, Director Comey. Secretary Clinton said she never sent or received any classified information over her private e-mail, was that true?
Comey: Our investigation found that there was classified information sent.
Gowdy: It was not true?
Comey: That's what I said.
Gowdy: OK. Well, I'm looking for a shorter answer so you and I are not here quite as long. Secretary Clinton said there was nothing marked classified on her e-mails sent or received. Was that true?
Comey: That's not true. There were a small number of portion markings on I think three of the documents.
Gowdy: Secretary Clinton said "I did not e-mail any classified information to anyone on my e-mail there was no classified material." That is true?
Comey: There was classified information emailed.
Gowdy: Secretary Clinton used one device, was that true?
Comey: She used multiple devices during the four years of her term as Secretary of State.
Gowdy: Secretary Clinton said all work related emails were returned to the State Department. Was that true?
Comey: No. We found work related email, thousands, that were not returned.
Gowdy: Secretary Clinton said neither she or anyone else deleted work related emails from her personal account.
Comey: That's a harder one to answer. We found traces of work related emails in — on devices or in space. Whether they were deleted or when a server was changed out something happened to them, there's no doubt that the work related emails that were removed electronically from the email system.
Gowdy: Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually?
Gowdy: Well, in the interest of time and because I have a plane to catch tomorrow afternoon, I'm not going to go through any more of the false statements but I am going to ask you to put on your old hat. Faults exculpatory statements are used for what?
Comey: Well, either for a substantive prosecution or evidence of intent in a criminal prosecution.
Gowdy: Exactly. Intent and consciousness of guilt, right?
Comey: That is right?