Comey: Asking Clinton Why She Told Congress and FBI Different Stories Could Have Established Intent

FBI Director James Comey acknowledged Thursday that asking Hillary Clinton why she told the FBI and Congress differing stories about her private email server would have been helpful in establishing criminal intent.

Comey said Tuesday that he would not recommend charges because the agency could not prove Clinton had criminal intent with regard to mishandling of classified material.

At the outset of his questioning, Rep. Mick Mulvaney pointed out the exchange Comey had earlier with his colleague Rep Trey Gowdy (R., S.C.) about the litany of statements Clinton made regarding her email server that were untrue. This included testifying before Congress last October that she did not send or receive email marked classified on her private email.

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"When she met with you folks on Saturday last week, I take it she didn't say the same things at that interview?" Mulvaney asked.

"I'm not equipped sitting here without the 302 in front of me … We do not have a basis for concluding that she lied to the FBI," Comey said.

"Gotcha. Did anybody ask her on Saturday why she told ya'll one thing and told us another?" Mulvaney asked.

"I don't know as I sit here … I'll figure that out," Comey said.

"Would that have been of interest to you in helping to establish intent?" Mulvaney asked.

"It could've been, sure," Comey said.