1.
- To convict, prosecutors must prove that Comey knowingly and willfully made a materially false statement to Congress.
- That stands on its own: if the jury finds he lied, that’s one conviction.
2.
- Obstruction does not require that the false-statement charge itself be proven.
- Instead, prosecutors must show he corruptly endeavored to influence, obstruct, or impede the proceeding.
- A false statement can be the act that constitutes obstruction, but obstruction could also exist in other forms (delaying, withholding documents, misleading testimony, etc.).
3.
- In Comey’s case, the government is alleging that the same conduct (his testimony) both:
- was a false statement (Count 1), and
- was part of an effort to obstruct the Senate’s investigation (Count 2).
So: the obstruction charge
doesn’t legally require that the jury find him guilty on the false-statement count.
However,
practically, the obstruction case is built on the alleged lie — so if the jury doesn’t believe he lied, proving obstruction becomes very difficult.