was relayed to you that your agents' perspective on that interview with General Flynn was what? Because where I stopped you was, you said: He was lying. They knew he was lying, but he didn't have the indicia of lying.
Mr. Comey. Correct. All I was doing was answering your question, which I understood to be your question, about whether I had previously testified that he -- the agents did not believe he was lying. I was trying to clarify. I think that reporting that you've seen is the product of a garble. What I recall telling the House Intelligence Committee is that the agents observed none of the common indicia of lying -- physical manifestations, changes in tone, changes in pace -- that would indicate the person I'm interviewing knows they're telling me stuff that ain't true. They didn't see that here. It was a natural conversation, answered fully their questions, didn't avoid. That notwithstanding, they concluded he was lying.
Mr. Gowdy. Would that be considered Brady material and hypothetically a subsequent prosecution for false statement?
Mr. Comey. That's too hypothetical for me. I mean, interesting law school question: Is the absence of incriminating evidence exculpatory evidence? But I can't answer that question.
Mr. Gowdy. Well, you used to be the United States Attorney for the Southern District of New York. Would you have turned over that information?
