Thus, an obstruction charge against Trump would be prosecuted in the shadow of Hillary Clinton’s case. In addition to the transfer of top-secret and other classified documents to her private server, Clinton and her staff did not fully cooperate with investigators. During the investigations of her conduct, some of us marveled at the temerity of the Clinton staff in refusing to turn over her laptop and other evidence to State Department and DOJ investigators. The FBI had to cut deals with her aides to secure their cooperation.

Later, more classified material was found on the laptop of former congressman Anthony Weiner (D-N.Y.), who was married to top Clinton aide Huma Abedin — 49,000 emails potentially relevant to the Clinton investigation.

After Congress sought these emails, Clinton’s staff unilaterally destroyed thousands of emails with BleachBit. Clinton was aware that Congress and the State Department were seeking the emails in 2014. Her lawyers turned over about 30,000 work-related emails to the State Department and deleted 33,000 others while insisting they unilaterally deemed them “personal.” …

With Hillary Clinton selling “But Her Emails” hats at $30 a pop, Merrick Garland will have to explain the prospect of one politician going to jail while the other goes retail.