- 10:07am – Committee Chairman Jason (R) tearing Comey apart in his opening speech. Has Comey set a precedent for future cases where a failure to find criminal intent is equal to innocence?
- 10:13am – Representative Cummings (D): "In a sense, you are on trial." Comey getting thrown under the bus. Cummings seems to disagree with this inquiry taking place.
"I would not be surprised if Republicans set up a new committee to spend $7mil+ to investigate why the FBI did not indict Hillary." - Cummings, 10:16am
"There is a percieved gap between the things you said on Tuesday and your recommendation. In this critical moment, I beg you to fill the gap. When the gap is not filled by you, it will be filled by others." - Cummings, 10:17am
- 10:19am – Committee Chairman says he'll open a case to reinvestigate General Petraeus.
- 10:20am – James Comey swearing in his testimony before speaking.
"We don't want to put people in jail unless they knew they were doing something they shouldn't do." - Comey, 10:22am
- 10:26am – Was the server authorized or unauthorized?
Comey hesitates. "It was unauthorized to send classified information."
10:27am – Did Hillary lie? Do you need a referral to investigate Hillary's perjury under oath?
Comey says yes. "You'll have it within a few hours." – Chaffetz, 10:27am
- 10:28am – Would the FBI hire Hillary Clinton? Comey says he doesn't do hypotheticals.
- 10:31am – Do you really believe there should be no consequence for Hillary?
- 10:32am – Cummings mentions Petraeus. "If she isn't indicted, then the Democrats are protecting her. Look at General Petraeus." Cummings asks Comey to talk about Petraeus' case. Comey mentions Petraeus lying to investigators and how that's obstruction of justice – cue future question about Hillary's obstruction of justice.
- 10:37am – Clinton said there was nothing classified sent. Was that true? Comey says no.
- 10:38am – Trey Gowdy (R) asks series of true/false questions comparing Clinton's statements to Comey. Comey's answer conflicts with all of them.
"In the interest of time, I'm not going to go through any more false statements. False exculpatory statements are used for what?" - Gowdy, 10:38am
"For criminal prosecution" - Comey, 10:39am
- 10:41am – "You say there is insufficient evidence of intent. You and I both know intent is inherently difficult to prove." Gowdy concludes, "You mentioned there is no precedent of criminal prosecution. There is nothing to keep a future SoS or POTUS from this exact same thing."
- 10:43am – Gowdy asks Comey to help the average person understand why Clinton is treated differently.
- 10:44am – Maloney (D) asks if Comey's investigation was steeped in political bias. "No."
- 10:46am – Maloney asks if Comey planned the announcement timing to coincide with Obama/Clinton campaigning together. Comey says it was on his own doing.
- 10:49am – Jim Jordan (R) asks about 'the context of a person's actions'. Tell us what consider the context means.
"I did not mean to consider political context." – Comey, 10:51am
- 10:51am – Jim Jordan mentions that Clinton lawyers decided to filter which emails the FBI got to see. They deleted all emails which did not get sent to the FBI. "That sounds like a fancy way of saying that they hid the evidence. That seems to me to provide context here. Did Secretary Clinton know her legal team deleted those emails?" Comey says he doesn't think so.
"Do you see how someone could view the context of what she did – she owned it and controlled it, and then when they got caught, they scrubbed their devices – do you see how someone could interpret that?" – Jordan, 10:53am
- 10:54am – Eleanor Norton (D), another Democrat, discusses the bipartisanship of this hearing and why they often don't accomplish anything. This inquiry seems to alternate Republicans throwing savage questions at Comey with Democrats discussing why Republicans are being unfair.
- 10:57am – Norton still rambling. If she's asked a question, it's too convoluted for anyone to understand.
"The root of the problem is people using unclassified systems to conduct business that is classified." – Comey, 10:59am
- 11:00am – Desantis (R) ties the previous quote to how this impacts national security. "What consequences would affect someone in the FBI that defies these protocols?"
- 11:01am – Desantis: "Would you allow someone to work at the FBI if someone was extremely careless?" Comey skirts around the question.
- 11:01am – "Would extreme carelessness and mishandling information expose an individual to termination?" Comey says yes.
- 11:02am – Questions about the Blackberry and why mobile phones are vulnerable when overseas.
- 11:03am – Questions about who initiated top-secret conversations. Most convos were aide-started, Comey says, but one top secret conversation was started by Clinton.
- 11:03am – Desantis asks about the NDA.
"Was the reason she set up the private server to shield herself from the NDA and from the public?" – Desantis, 11:05am
Comey says he can't say for sure.
- 11:05am – "Isn't she an original classification authority?" Comey says yes. Desantis shakes his head and yields.
- 11:06am – Copy of Clinton's NDA is mentioned.
- 11:06am – Clay (D) up for bat. Can you guess his topic? Bipartisanship and how Republicans are bad!
- 11:06am – Clay: Did Secretary Clinton intentionally violate federal law?
"We didn't develop evidence of that." – Comey, 11:08am, not actually saying yes or no
- 11:08am – Clay asking about white genocide groups ... ?
- 11:10am – Clay lashing out at Trump for tweeting @WhiteGenocideTM. I thought we were talking about Clinton?
- 11:11am – Wyoming Representative Lummis (R) mentions Title 18, US Code 24 regarding possession of classification material and knowing removal of documents. How was Clinton an attorney, and SoS, and not been aware of this law?
"The gov't has to prove that we did it and that we knew were doing something that was unlawful." – Comey, 11:14am
Lummis fires back with a re-reading of Code 24 and how it's simply "the intent to retain materials in an unauthorized location."
- 11:15am – Comey sticks to his guns that people have to know they were breaking the law.
- 11:15am – Did Clinton's attorneys have security clearance? Comey says no.
- 11:16am – Lummis is on a roll! "They destroyed 30,000 emails."
We've now concluded, using Comey testimony and US Code 24, that Clinton's attorneys knowingly viewed and destroyed classified material without security clearance. If there was anything to gain from this investigation, this is the silver bullet.
- 11:18am – Democrat talks about Colin Powell.
- 11:22am – Mark Meadows (R): "I'm going to focus on the things that you said, not the conclusion that you drew." Proceeds to read Clinton testimony about whether classified material was on the server, and Comey's statement. "Both statements cannot be true."
"So she did not tell the truth during that presidential debate? ... Both statements cannot be true." – Meadows, 11:24am
Comey says his statement is true. Meadows concludes that Clinton's must not be true.
- 11:24am – Another comparison of statements, regarding portion markings of classified documents.
"Wouldn't a reasonable person – a former Senator, a SOS – know the importance of these markings?" – Meadows, 11:25am
Comey says yes, but "after this investigation, he's not so sure."
- 11:25am – Meadows: "So you're saying this former SoS is not sophisticated enough to understand this classified marking?"
- 11:26am – Meadows reveals that his 'reasonable person' quote comes from the Benghazi testimony under oath.
- 11:27am – Meadows: "Did she change her testimony with you last Saturday?" Comey says he hasn't done that analysis at this point but he'll get back to him.
- 11:28am – Another Democrat talking about how unfair this is.
- 11:33am – Cummings asks a few quick questions about markings.
- 11:33am – Nettles (R) asks about attorneys cleaning their devices in such a way to "occlude complete forensic recovery".
"Do you realize that great numbers of people felt that you presented such a strong case that they were shocked when you let her off?" – Nettles, 11:36am
"We went at this very hard to see if we could make a case." – Comey, 11:36am
"Do you feel that there's different standards for the Clintons?" – Nettles, 11:36am
"I've heard that a lot." – Comey, 11:36am
- 11:37am – Comey asked to explain gross negligence vs extreme carelessness.
"There's no way anybody at the DOJ will bring a case of gross negligence for the 2nd time in 100 years." – Comey, 11:39am
- 11:39am – Conley (D) asks if Comey is a Republican. "Not registered any longer."
- 11:41am – Democrat making fun of the use of the word 'exculpatory'.
- 11:42am – Did Hillary lie? "No basis for concluding that," Comey says.
- 11:42am – Was she evasive? "I don't think the agents assessed she was evasive," Comey says.
- 11:45am – "Who was protecting her?" Republican asks Comey. "Not much," Comey says. Important to know that the Republican speaking mentions himself as an ex-CIA officer knowledgable with classification types.
"What the fuck-all is wrong with you? How is this not a crime?" The Republican essentially asks.
- 11:46am – Comey reiterates that "there has to be evidence of criminal intent".
- 11:47am – GOP: "Did you take into consideration the impact that this has on precedence?" Comey says yes.
- 11:48am – Do you have a server in your basement? Comey says no. Does anyone in the FBI have one? Not likely.
- 11:49am – Do you think that pattern of behavior [continuing with the server] would continue? Do you think that there will be other govt officials with unauthorized servers in their basement? What are the ramnifications of that?
- 11:49am – Comey says there'll be reprimands for other people that do it.
- 11:55am – "Is this hearing unfair? Has it been unfair to you?" Comey says no.
- 11:58am – Discussing thresholds for intent as a requirement of mens rea.
- 11:59am – Did she know that she's receiving information on the servers at her location? Comey says yes. As SoS, she knows she's receiving classified material.
"She did, in fact, know she was receiving classified information on her server. I could not prove that beyond a reasonable doubt." – Comey, 12:01pm
- 12:04pm – Talking about records-keeping within the FBI.
- 12:07pm – Michigan representative asks, "What's your definition of extreme carelessness?"
"I intended it as a common sense term. Someone who should know better, someone who demonstrates a lack of care. So I think of that as real sloppiness." – Comey, 12:08pm
- 12:09pm – "So Sec. Clinton's statement that she never knowingly sent or received classified information is probably not true?"
"I don't want to comment on public statements." – Comey, 12:11pm
"She should have known not to send classified material. That is negligence. We can't act on the grounds of intent, which is criminal negligence." – Comey, 12:11pm
- 12:12pm – Questions about Comey's background in national security law.
- 12:14pm – Democrat trying to undermine the committee.
- 12:16pm – Starting to get dragged down by Democrats talking about Hamilton the musical.
- 12:18pm – Comey denies interviewing Clinton on Saturday. He had "five or six agents", and he didn't speak to all of them. She didn't testify under oath. There's no recording.
- 12:22pm – Comey wants to reiterate that his announcement was not fixed to coincide with Clinton/Obama.
- 12:24pm – Virgin Island rep is offended that GOPers are being mean to Comey.
- 12:29pm – Questions about Guccifer. "We were not able to conclude that they were successful." Did you interview Guccifer? "Yes."
- 12:30pm – If you had discovered hackers had gotten into Clinton's email, would that have changed your decision? "Unlikely."
- 12:31pm – Former attorney: "Ignorance of the law is no excuse." Speeding metaphor. "How can you say ignorance of the law is an excuse in Clinton's case?"
- 12:32pm – Why should any person follow the law if our leaders don't? "You showed that she broke the law but you couldn't prove it."
- 12:37pm – Questions about upclassification.
- 12:41pm – "There's nothing about this case that's ordinary... did Secretary Clinton comply with the department's policies and the Federal Records Act?" Comey said, "He doesn't think so."
- 12:42pm – There's a double standard of discipline. "You're not willing to say there should be discipline."
- 12:53pm – Doesn't it require intent to duplicate classification markings? Shouldn't someone down the chain be investigated if they clearly had intent? "Potentially," Comey says. Shouldn't there be?