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Comey says he finds Mueller's obstruction decision 'confusing'

Former FBI Director James ComeyJames Brien ComeyJohn Durham's endgame: Don't expect criminal charges Trump DOJ officials sought to block search of Giuliani records: report Tina Fey, Amy Poehler to host Golden Globes from separate coasts amid pandemic MORE said Tuesday that he found it "confusing" that special counsel Robert MuellerRobert (Bob) MuellerWhy a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel CNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump MORE decided not to determine whether President TrumpDonald TrumpProsecutors focus Trump Organization probe on company's financial officer: report WHO official says it's 'premature' to think pandemic will be over by end of year Romney released from hospital after fall over the weekend MORE was guilty of obstruction of justice.

"The part that's confusing is I can't quite understand what's going on with the obstruction stuff," Comey said to an audience at the Belk Theatre in Charlotte, N.C., according to NBC News.

"And I have great faith in Bob Mueller, but I just can't tell from the letter why didn't he decide these questions when the entire rationale for a special counsel is to make sure the politicals aren't making the key charging decisions," he added. 

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Comey was referring to the decision made by Attorney General William BarrBill BarrMajority of Republicans say 2020 election was invalid: poll Biden administration withdraws from Connecticut transgender athlete case Justice Department renews investigation into George Floyd's death: report MORE and Deputy Attorney General Rod RosensteinRod RosensteinRosenstein: Zero tolerance immigration policy 'never should have been proposed or implemented' Comey argues Trump shouldn't be prosecuted after leaving Oval Office Trump turns his ire toward Cabinet members MORE not to pursue charges against Trump related to obstruction of justice after Mueller declined to draw a conclusion on the matter.

"The notion that obstruction cases are somehow undermined by the absence of proof of an underlying crime, that is not my experience in 40 years of doing this, nor is it the Department of Justice's tradition. Obstruction crimes matter without regard to what you prove about the underlying crime," said Comey, who led the Russia probe before Trump fired him in May 2017.

He said he has not seen Mueller's final report.

Comey, who's been a staunch advocate for transparency in Mueller's investigation and conclusions, said he was pleased the special counsel was able to finish his work.

"The good part is that the special counsel was allowed to finish his work and reached a conclusion; that's very, very important to this country," Comey said. "The Russians really did massively interfere with the 2016 election with the goal of damaging one candidate and helping the other. That was not a hoax. That was a real thing."