In contrast to General Flynn, as to whom there is no evidence of criminal wrongdoing, there was a Mount Olympus of damning proof that Hillary Clinton committed felony violations of a law against mishandling classified information. Yet Director Comey concluded that “no reasonable prosecutor” would consider indicting Mrs. Clinton. Why? Because behavior of the type in which she engaged is never prosecuted. Now it happens that Comey was wrong about Clinton — to make his assertion, he had to paint a narrowly skewed picture of her misconduct and ignore several prosecutions of military officials for far less serious violations. Nevertheless, he does run the Bureau, and so we must assume that his explicit guidance governs its investigative standards: “Responsible decisions . . . consider the context of a person’s actions, and how similar situations have been handled in the past.”
If that is the standard, there was no conceivable chance that Flynn could ever be prosecuted for a Logan Act violation. Using the Logan Act as a pretext for interrogation would have been improper.
And Flynn is not a foreign agent.
And there was no need to “grill” him over the contents of a conversation of which the FBI and Justice Department already had a recording.
And the FBI has no business probing the veracity of public statements made by presidential administrations for political purposes — something it certainly resisted doing during the Obama administration.