The FBI did not put Hillary Clinton under oath when they questioned her for three and a half hours on Saturday — nor did the agency produce a transcript of the questioning, University of California-Berkeley law professor John Yoo told Newsmax TV
"I don't think it's strange that Comey himself didn’t conduct the interview," Yoo told "The Steve Malzberg Show" in an interview. He was referring to FBI Director James Comey.
"I would prefer that more expert people who are more familiar with the case clearly do it," he said.
"But I think it's very strange that she wasn't under oath and really, really strange that there was no transcript of the interview," Yoo observed. "People higher up than those agents have to make the decision whether to prosecute Hillary and her aides.
"If they're not present in the interview, how do they know what she said if there's no written record of it?"
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He also told Malzberg that Comey "overstepped the bounds of his role" on raising the issue of "reasonable doubt" in the investigation, since he is not a prosecutor.
"The FBI is there to investigate the facts, and they report the facts to the Justice Department," Yoo said. "It's a job of the prosecutors at the Justice Department to decide whether to bring the case, not the FBI.
"If the FBI doesn't think there are any facts there, of course that's a different thing.
"But the facts as we have them are that Hillary Clinton and her aides intentionally set up a system to avoid the normal government system for handling classified information — and the facts are such that they did it.
"It's really just a question of her intentions," he said. "That's really up to the prosecutors."
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