There are only three witnesses to the alleged attack. One says it did not happen under oath. One said it did under oath .And the third said something. it is unclear what exactly, perhaps it was that he doesn't recall the incident, or that he did not witness such an incident, or words to that effect. That statement, was so far as I'm aware, not under oath. It may have been recounted in a letter to the committee from that person's attorney, or it may have been made over the telephone to the committee investigators, or both.