Mr. Comey. I don't know for sure. You'd have to ask the 1917 Congress. But my recollection of the reading the history of it is there was a movement to try and have the espionage statute sweep more broadly than just intentional misconduct. And there was a debate in Congress, which is why people who voted it for it said: I'll go along with gross negligence, but it better be up at the willful level, close to intentional misconduct. But I don't know beyond that.
Mr. Gowdy. Do you know whether anyone at the Bureau or the Department shared questions with Ms. Mills' or Samuelson's attorney before the interview?
Mr. Comey. No, I don't.
Mr. Gowdy. Would you be surprised if that happened? Is that outside the normal protocol, from your experience?
Mr. Comey. I don't know. It would depend. I guess I could imagine it if they were negotiating over privileged spheres and trying to navigate privilege. I could imagine an investigator sharing, "Look, this is what I want to talk about, this, this and this," to try and avoid a privilege assertion, but I don't know.
Mr. Gowdy. What other investigatory tools did you have other than a voluntary interview?
Mr. Comey. With respect to?
Mr. Gowdy. Either Mills, Samuelson, Kendall, Pagliano, Combetta.
