On Thursday, FBI Director James Comey admitted that presumptive Democratic nominee Hilary Clinton was not sworn in under oath during her three and a half hour interview with the FBI, coincidentally held on a Saturday over a holiday weekend. Comey also admitted that the questioning was not recorded or transcribed, and that he was not in attendance.
Still, Comey had “no basis to conclude” that Hillary, whom he did indict as un-"sophisticated," lied in any form. Apparently, we should just take his word for it,
Not exactly great news for those of us who still care about transparency and rule of law.
"I don’t think the agents assessed she was evasive," added the FBI director.
The Hill reports that “a sworn oath does not remove the possibility of criminal penalties against Clinton if she lied to the FBI.” Similarly, while being pressed by House Republicans, Comey injected that it’s “[s]till a crime to lie to us,” even if you’re not under oath.
This, of course, doesn’t take away the oddity that she wasn’t sworn in under oath, or remove the incredibly poor optics of the situation.
As far as the lack of recording or transcribing during the interview goes, that's reportedly current FBI policy: “'Under the current policy, agents may not electronically record confessions or interviews, openly or surreptitiously' except in rare circumstances, the bureau said in a 2006 memo," notes The Hill.
Again, although recording is not permitted under current policy, the off-the-record interview with Hillary does add fuel to the fire of those mystified by the outcome of the investigation. Since, after all, Comey essentially indicted Hillary on Tuesday during his presser before recommending no charges be brought against her.
Republican Representative John Mica was dissatisfied with the lack or transparency conducted during the interview: “Well, that’s a problem,” he blasted.
On Wednesday, the day prior to the hearing with Comey, Senate Majority Leader Mitch McConnell stated, "It's pretty clear ... that the American people would like to see what Hillary Clinton said to the FBI," Clearly, the American people will remain in the dark instead.
The interview from Saturday, however, was "summarized" onto a federal form, known as a FD-302. Republicans, grasping for some sort of accountability, urged the form be provided to the Oversight Committee.
See the video below.