July 7, 2016: The FBI did not record Clinton’s interview and did not make her testify under oath.

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Secret Service agents at the Washington home of Hillary Clinton on Saturday July 2, 2016. (Credit: Al Drago / The New York Times)

Speaking before a Congressional committee, FBI Director James Comey reveals that when Clinton was interviewed by FBI and Justice Department officials for over three hours on July 2, 2016, the interview was not recorded and Clinton wasn’t asked to swear an oath to tell the truth. However, Comey notes that if Clinton lied in the interview she could still be charged, because it is always a crime to lie to the FBI.

Comey also explains that it is FBI policy not to record interviews. An FBI memo from 2006 states, “Under the current policy, agents may not electronically record confessions or interviews, openly or surreptitiously,” except in rare circumstances. Civil libertarians and open government advocates have been against this policy for years.

However, the FBI did complete an FD-302, which is a federal form summarizing the interview. Republicans in the hearing immediately request that a copy of the form be given to the House oversight committee. (The Hill, 7/7/2016)