Page:Comey-Interview-12-7-18-Redacted.pdf/102

102 Mr. I can't answer that hypothetical.

Mr. Well, we're going to have to get our way through it a little bit. Is someone saying, "Look, he just made a mistake" -- mistake is a defense to certain crimes, right? So that could be interpreted as didn't commit a criminal offense.

Mr. The reason I don't feel comfortable going into hypotheticals is obstruction is a crime that turns on intent, and I can't speak in -- either in fact or in hypotheticals to intent here.

Mr. Well, what was the President's intent when -- in your opinion, when he said, "I hope you can see your way clear to letting this go"?

Mr. I don't know for sure.

Mr. So it would be the failure of an essential element of an obstruction of justice case if the person who received that information did not view it as an attempt to impact his decisionmaking?

Mr. I don't think that's right as a matter of law. I don't think the reaction of the object of the obstructive effort, their perception, is dispositive.

Mr. Were you obstructed?

Mr. Because I think I could have -- I could endeavor to obstruct something and you not realize what I'm doing.

Mr. Were you obstructed?

Mr. Well, I don't know -- there was no impact, so