(lb & notables)

>>3899962 ; >>3900046 Dig on JW docs on McCabe Office of Professional Responsibility investigation

p.29 of PDF:

Mr. GOWDY. Well, in the interests of time and because I have a plane to catch tomorrow afternoon, I'm not going to go through any more of the false statements, but I am going to ask you to put on your old hat.

False exculpatory statements, they are used for what?

Mr. COMEY. Well, either for a substantive prosecution or for evi- dence of intent in a criminal prosecution.

Mr. GOWDY. Exactly. Intent and consciousness of guilt, right? Is that right?

Mr. COMEY. Right.

Mr. GOWDY. Consciousness of guilt and intent.

Mr. COMEY. Uh-huh.

Mr. GOWDY. In your old job, you would prove intent, as you just

referenced, by showing the jury evidence of a complex scheme that was designed for the very purpose of concealing the public record, and you would be arguing, in addition to concealment, the destruction that you and I just talked about or certainly the failure to pre- serve, you would argue all of that under the heading of content- you would also - intent.

You would also be arguing the pervasiveness of the scheme, when it started, when it ended, and the number of emails, whether they were originally classified or up classified. You would argue all of that under the heading of intent.