Rep. Jason Chaffetz asked FBI Director James Comey if presumptive Democratic nominee Hillary Clinton had lied under oath when she testified to Congress about her email server. Comey said he would need a recommendation from Congress to investigate whether Clinton lied under oath to Congress.
Chaffetz said Comey would have that recommendation within hours.
2. Clinton's actions are pretty comparable to Gen. David Petraeus'Early in the hearing, Comey argued that Clinton's incompetence (not his word) led to her mishandling classified information. He made it seem like she didn't purposefully hand over that classified information to unauthorized people. She was just so inept that the information probably ended up in the wrong hands.
But later in the hearing, Comey admitted to Chaffetz that Clinton didgive unauthorized people access to classified information. That really makes it seem like Clinton and Petraeus received different treatment
3. Clinton was not under oath when questioned by the FBI
Clinton wasn't under oath when she was questioned by the FBI on Saturday in regards to her handling of classified information on a private email server. In addition, the "five or six" FBI agents who questioned Clinton — none of whom were Comey— did not record or transcribe the session.
So now there is no record of what was said on Saturday, and whether Clinton lied to the FBI, as she clearly lied to Congress and the American people (more on that right now).
Rep. Trey Gowdy ran through a list of statements Clinton made to Congress and the American people and asked Comey whether they were true or not. With each question, Comey indicated they were false.
Gowdy asked if it was true that Clinton never sent or received classified information over email. Comey said it was not true. Gowdy asked if it was true that nothing was marked as classified on Clinton's emails when she sent or received them. Comey indicated that was not true. Gowdy asked if it was true that Clinton used "just one device" for emails. Comey indicated that was not true. Gowdy asked if it was true that Clinton turned over all work-related emails to the FBI. Comey indicated that was not true. Gowdy asked if it was true that neither Clinton nor her team deleted work-related emails. Comey indicated that was not true. Gowdy asked if it was true that Clinton's lawyers read all of the work-related emails they turned over. Comey indicated it was not true.
5. What precedent does this set?
Gowdy worried about the precedent this set.
"There's nothing to keep a future secretary of state or president from this exact same email scheme — or their staff," Gowdy said. "And my real fear is this, it's what the chairman touched upon: This double-track justice system that is rightly or wrongly perceived in this country that if you're a private in the army and you email yourself classified information you will be kicked out, but if you are Hillary Clinton and you seek a promotion to commander-in-chief, you will not be."
6. Democrats don't seem to care about what Clinton did
Rep. Carolyn Maloney and other Democrats asked Comey softball questions that boiled down to "Do you have integrity?" Suddenly, something as obvious as not using personal email accounts on unauthorized servers is a learning moment. Democrats in the committee, such as Rep. Eleanor Holmes Norton, made it seem as though this was a "whoops, now we know" situation.
But that's not the case. The idea that the secretary of state would not have known she would be receiving classified information strains credulity. Democrats on the committee focused on Comey, but the fact of the matter remains that even though he didn't recommend Clinton be criminally prosecuted, he certainly indicated that she should be punished. Democrats just wanted to keep that away from the cameras.
7. Even Comey doesn't seem to think Clinton is very 'sophisticated'
At one point, while speaking to Rep. Mark Meadows, Comey said that at the beginning of his investigation he would have thought a "reasonable person" would have known that a "(C)" means confidential classified information. But after his investigation — and after speaking to Clinton — he's now not sure a reasonable person would know what that means.
As Meadows indicated, it's unfathomable that a woman who had been the first lady, a U.S. senator and the secretary of state would not recognize what the classification meant.
Throughout the hearing, Comey called Clinton "extremely reckless," indicated she was "not sophisticated" and called her handling of classified information "real sloppiness." It's as if he wanted to come out and say she was incompetent but just couldn't.
8. The investigatory team unanimously decided against recommending prosecution
Comey said that at any given time there were between 15 and 20 people investigating Clinton's handling of classified information, and when the decision to recommend criminal charges came up, they all voted or indicated they were against the idea.
9. Clinton could still face sanctions
Comey was very clear that just because he doesn't believe Clinton should face criminal charges does not mean she should not be punished in any way. Throughout the hearing, he repeatedly said that someone who handled classified information the way Clinton did would face a disciplinary proceeding at the FBI that could result in termination.
It remains to be seen whether Clinton will face any of those sanctions. My belief is that she will not. But it is also not Comey's position right now to hand out those sanctions. If Clinton is elected president, that might change, but right now, there's nothing Comey can do since she's not currently a government employee.
10. Most people on both sides of the aisle still respect Comey
Despite Democrats claiming Republicans on the hearing of badmouthing Comey, everyone on the committee praised his integrity. And I think most would agree that, based on his Tuesday statement, Comey did conduct a thorough investigation that found many issues with the way Clinton handled classified information. The problem comes from this conclusion not to recommend charges.
11. There's a lot we still don't know
My colleague Sarah Westwood listed seven questions that need to be answered regarding Clinton's emails. We saw only one of those questions asked, about the different between "extreme carelessness" and "gross negligence." The answer, disappointingly, was that the distinction seems subjective and gray.
One of the questions I wish had been answered during this hearing (from Westwood's list) was whether the decision not to prosecute extended to all of Clinton's aides as well. U.S. Attorney General Loretta Lynch said she wouldn't charge Clinton or her aides, but Comey didn't mention the aides in his statement on Tuesday.
This issue isn't going away — and not just because it can be used as a political football. There are legitimate answers the American people need to have answered to understand why the secretary of state was allowed to be so careless and face no penalties (because it doesn't look like she will be sanctioned in any way).
Update: Information revealed later in the hearing showed that Clinton did give access to classified information to unauthorized people. This post has been updated to reflect that fact.
Ashe Schow is a commentary writer for the Washington Examiner.
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