ANDREW MCCARTHY: Comey’s Notes and the Wages of the Special Counsel Investigation.

Here is another example of how this could play out at Thursday’s hearing. When the president fired Comey, he took pains to say that the former director had told him on three separate occasions that he was not under investigation. Prehearing reporting suggests that Comey does not remember it this way. The matter is thus being teed up as though one or the other man must be lying.

We’ll have to see what happens, but to my mind, the seeming contradiction maybe reconcilable. According to Comey’s own prior testimony, the Russia investigation is a counterintelligence investigation. As I have repeatedly pointed out, a counterintelligence investigation is very different from a criminal investigation. It does not have “subjects” and “targets,” which are terms-of-art in criminal investigations, designating suspects who may be indicted by the grand jury. The purpose of the counterintelligence investigation is to focus on a foreign power – in this instance Russia – in order to determine what threats it might pose to American interests.

It is not the purpose of a counterintelligence investigation to build a prosecutable criminal case against a suspect. Nevertheless, if evidence of criminal wrongdoing turns up, the FBI’s national security division reserves the right to refer that evidence to its criminal division and the Justice Department, which can then determine whether prosecution is warranted.

It could well be that President Trump, a non-lawyer, was told the Russia investigation is a counterintelligence investigation, which would not be designed to build a case against him or anyone else. If so, he might understandably have taken that to mean he is not a suspect under investigation. At the same time, Comey realizes that you never know what evidence an investigation will turn up until it has been completed. Since the Russia investigation had not been completed, the former director may well believe that could not, and did not, make commitments regarding any information that had not yet been uncovered.

That’s just my educated speculation – and, as noted above, we’ll have to see what happens.

Lots to chew on here — read the whole thing.