Mr. Comey. I don't know.
Mr. Gowdy. Destruction of evidence can be considered evidence of what?
Mr. Comey. It can either be a separate offense or evidence of consciousness of guilt.
Mr. Gowdy. Of the statutes the Bureau had under investigation -- and what I mean by that is the fact pattern may have applied to certain statutes -- which statutes do you recall were at issue or at play in this investigation?
Mr. Comey. I don't know if I remember even the numbers anymore. I think it was 18 U.S.C. 1924, which I think is the misdemeanor, and 793, which is a variety of sections relating to espionage, mishandling of classified information, theft of classified information. I think those were the two. I could be wrong about that. I've tried to suppress it, but I think those are the two.
Mr. Gowdy. So maybe a felony retention, a gross negligence standard, also a felony, I think, and then a misdemeanor? Does that sound right?
Mr. Comey. Yes. Maybe you can help me. I think it was 793 and 1924. I think 1924 is the misdemeanor. 793 --
Mr. Gowdy. You are correct. 1924, you are correct. 793, and there's a section (f), which is gross negligence, and then there's a section (d), which is a higher level of scienter. Does that sound right?
