This is a lie. The memos were work product, it was a crime to take them from the FBI. Even if the memos weren’t classified secret at the time, they weren’t his to take. He broke the law. And of course they were classified at the time and he knew it. They just were not officially classified. Comey knows how classification works and what is classified material.
True, but in order to convince a jury that you can't take your own memo's somewhere , esp. in a corrupt venue like the District of Criminals, is a risk they don't have to take because they have something better coming up.