Comey is playing some very dark games. If we are to pursue him for leaking, there was no memo, so case moot. If we pursue him for perjury, well, he did not lie, there could have been a memo...
In light of these games to cover his a$$ in defaming a President and pursuing falsely investigations, can we pursue him for obstruction of justice, blackmail and racketeering?
Which is why they should go after Coney for both leaking and perjury among other things. The expression “throw the book at him.” should apply with regard to charges.
There is no “there could have been a memo”, it either existed or it didn’t. Comey testified under oath that it existed. Regardless of the ability to produce it, Comey can be charged with leaking and likely destruction of government property if he can’t produce the document. If he admits the memo was a fabrication he then gets with perjury.