Why didn’t the Justice Department seek to enforce the subpoena it apparently had issued, rather than seek a search warrant? Was this consistent with the “standard practice” Mr. Garland articulated in his statement—“to seek less intrusive alternatives to a search” whenever possible?
Why was the matter handled so differently from the prior investigations of Sandy Berger and Hillary Clinton, who were also suspected of mishandling classified material? …
Those who reject this comparison accuse those who make it of “whataboutism.” But treating like cases alike is crucial to the equal protection of the laws. The way in which Berger and Mrs. Clinton were treated is highly relevant in determining whether Mr. Trump is being subjected to a double standard of justice.
The facts, especially the degrees of culpability, may be different; and if so, that would provide a good answer to the “what about” question. But if the facts are similar and the treatment is different, Americans are entitled to ask whether this constitutes the even application of the law that Mr. Garland promised. The shoe must fit comfortably on the other foot if justice is to be done and seen to be done. There can’t be one rule for Democrats and another for Republicans.
So the question “What about her emails?” is an appropriate one. Mocking it is no answer.
David French ( a guy who loathes Trump)-
So why didn’t the FBI recommend charges? Here’s the key paragraph:
In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.
I did not agree with this decision, and I said so in National Review and the New York Times. The problem is that Comey added elements to the statute. He essentially read “gross negligence” as a synonym for willfulness and added additional factors (such as obstruction of justice) to the prosecution decision. …
It remains to be seen whether Donald Trump’s conduct was so much worse than Hillary Clinton’s that prosecution is both legal and just. Indeed the entire issue may be so fraught with peril that the DOJ may decide to merely seize the documents without any further legal proceedings.
But if Trump did break the law and is not prosecuted, we can look back at a pivotal moment in history and know why. On July 5, 2016, the FBI set an extraordinary standard for prosecuting powerful people for mishandling our nation’s most precious secrets, and we shouldn’t change that standard for Donald Trump.