FBI Director James Comey told house lawmakers on Capital Hill this morning that Hillary Clinton did not swear an oath to tell the truth before she met with FBI agents last week. The interview was also not recorded.
The Hill reported that the lack of a sworn oath does not remove the possibility of criminal penalties against Clinton if she lied to the FBI — though he said there is “no basis to conclude” that she did so.
“Still a crime to lie to us,” Comey told the House Oversight Committee.
It is FBI policy not to record interviews as part of its investigations.
Yet the revelations will nonetheless raise questions among Republicans, who have been skeptical of the FBI’s investigation and have demanded to see the transcript of the former secretary of State’s Saturday interview in downtown Washington.
“Well, that’s a problem,” Rep. John Mica (R-Fla.) told Comey when the FBI chief explained the terms of the interview.
“It’s pretty clear … that the American people would like to see what Hillary Clinton said to the FBI,” Senate Majority Leader Mitch McConnell (R-Ky.) told reporters on Wednesday, a day before Comey’s appearance in the House.
Under FBI policy — and to the dismay of civil libertarians and staunch transparency advocates — the bureau does not conduct electronic recordings of interviews.
“Under the current policy, agents may not electronically record confessions or interviews, openly or surreptitiously” except is rare circumstances, the bureau said in a 2006 memo.
However, the FBI did complete a federal form summarizing the interview, known as a FD-302, Comey said.
Mica recommended that a copy of that summary be provided to the Oversight Committee.
Comey himself was not among the “five or six” agents who interviewed Clinton last weekend, he testified on Thursday.
However, he did assure the lawmakers that Clinton told the truth throughout the session.
“We have no basis to conclude she lied to the FBI,” Comey said.
“I don’t think the agents assessed she was evasive,” he added.