Gowdy Rips FBI Director Comey: This is 'Not the FBI That I Used to Work With'

Gowdy proceeded to tick off all the ways the "Clinton cover-up operation" (as Platte River Networks employees referred to it) was rife with circumstantial evidence.

Such as:

  • "whether or not the person intended to set up an email system outside the State Department."
  • "whether or not the person knew or should have known that his or her job involved handling classified information."
  • "whether or not the person was truthful about the use of multiple devices."
  • "whether or not the person knew that a frequent emailer to her had been hacked and whether she took any remedial steps after being put on notice that your email, or someone who has been emailing with you prolifically, had been hacked." [Sidney Blumenthal.]
  • "whether or not ... false exculpatory statements .. such as 'I neither sent nor received classified information,'  ... or 'I turned over all of my work-related emails,'" were made.

"All of that goes to the issue of intent," Gowdy declared.

He pressed Comey to explain what Clinton would have to do to warrant the FBI's recommendation for prosecution.

"If all of that was not enough -- because all of that is what she did ... surely you can not be arguing that you have to have an intent to harm the United States to be subject to this prosecution? That's treason -- that's not a violation of this statute," he said.

Comey answered, "I think we'd have to be able to prove beyond a reasonable doubt a general awareness of the unlawfulness of your conduct. You knew you were doing something you shouldn't do.... And then you need to consider who else has been prosecuted and in what circumstances because it's all about prosecutorial judgement. But those two things would be the key questions."

It would seem that that first standard -- a general awareness of the unlawfulness of conduct -- was proven beyond a reasonable doubt in the Clinton email case.

"The way to prove that is whether or not someone took steps to conceal or destroy what they've done!" Gowdy exclaimed. "That is the best evidence you have that they knew it was wrong! That they lied about it!"

Comey agreed that that is very good evidence. "You always want to look at what the subject said about their conduct," he conceded.

"Well, there's a lot!" Gowdy argued. "If you saw her initial press conference, it all falls under the heading of 'false exculpatory statement.'"

He concluded his time by expressing his bewilderment and frustration at the FBI's conduct in the case.

"When you have five immunity agreements and no prosecutions, when you are allowing witnesses who happen to be lawyers who happen to be targets to sit in on an interview -- that is not the FBI that I used to work with," Gowdy concluded sadly.