Quote (Black XistenZ @ Sep 3 2022 11:18pm)
It would be fine if everyone was held to the same standard, if the FBI had a track record of mercilessly hounding every single politician who breaks the law, no matter how big or small the crime. But as soon as a significant chunk of the population loses trust in the impartiality of federal law enforcement and the justice system and perceives them to be operating on a double standard, things quickly unravel.
It's like bogie said the other day, dunno if it was in this thread: a president letting his DoJ prosecute his the predecessor (and presumptive rival for power in the upcoming election) based on process crime alone (obstruction), without an indictment for an underlying substantive crime (e.g. the espionage act), would be an unprecedented escalation and extremely corrosive. Going down this path would lay the axe on the fabric of society as well as whatever trust in institutions is left.
And the funny thing is that it would do the GOP a favor - gets rid of Trump without the base turning on the party elites. I consider Trump to be a much more beatable opponent for Harris/Biden in 2024 than a DeSantis backed by a base on maximum tilt.
These narratives are always wrong though. The narrative of the Trump cult about 2016 was an FBI, DOJ, and Obama administration going after Trump's campaign in order to bring him down. While the reality is that the FBI and DOJ investigated with
proper cause without revealing the investigation in the media. At the same time, Hillary was investigated during the campaign, she gave an interview to the FBI(something Trump never did), and when the investigation concluded, the FBI Director went on national television and smeared her for her non-criminal actions. The same FBI Director went on to announce the re-opening of the investigation before the election. These actions almost surely resulted in Trump getting elected.
Now we have Trump, the ex-president, who took several boxes of highly classified information home with him. The National Archives tried to get it all back, Trump refused, they referred to DOJ. Trump returned some stuff, not others. DOJ subpoenas all material. Trump returns more stuff, his lawyer says it's all returned, DOJ acquires evidence that's a lie, they search Trump's house, they find more material. Trump took this material without authorization and stored it in a location without authorization, and then obstructed an investigation aimed at getting it back.
First off, I think Thundercock mentioned this before, but one of Comey's rationales for not indicting Hillary is that there was no obstruction. She had(or shared) classified documents in a location not authorized, but she wasn't trying to obstruct any investigation. Trump's case is clearly different.
Next, this article cites the statutes in the search warrant, which are not the same statute the DOJ was looking at for Hillary. I can simply look at them as a non-lawyer and understand that Trump probably violated them.
https://www.cnbc.com/2022/08/12/trump-search-warrant-cites-statutes-that-call-for-prison-sentences.htmlFinally, let me just describe my understanding of both cases here. Hillary used a private server for convenience, and to maybe conceal future record requests from Republicans. She used it for self-preservation. Trump, on the other hand, took far more classified information than was ever present on Hillary's server, and he stored it among his personal items, in a closet without a lock. This information was more voluminous and more sensitive than Hillary's material(which, btw had some protections in the private server). The government asked for it all back, he returned some. They asked again, he returned some more, while lying about whether it was all returned. The government then was forced to raid his home to retrieve the rest. And this fact pattern doesn't even include all the redactions from the affidavit.
Any person off the street can understand Trump on his last day in office taking home several boxes of classified information, there being no evidence that he declassified any of it(which doesn't matter in the case of NDI and items subpoenaed bearing classified markings), refusing to give it back, and then lying about giving it back. There's not a lot of grey area there... he's clearly in the wrong, morally and legally, and obstructing the government's effort to retrieve top secret documents doesn't suddenly become cool if you call it a "process crime".
So no, even from the public disclosures, this isn't a case of double standards. Even considering the obvious similarities, they are much different situations. Comey was right to decline to indict Clinton, and Garland will be right to indict Trump.