Now, of course, the worm has turned. And for this Democratic administration, as for the last Democratic administration — the one in which Biden served as vice president and was, shall we say, irresponsible in handling classified information — that means a return to Comey/Hillary Rules.
In other words: The Biden DOJ’s prosecutors will not apply the law as it is written — as they fully intended to apply it to Trump, before Biden’s own classified-information scandal erupted.
I’m sure you recall former FBI director Jim Comey’s legally wayward insistence that “no reasonable prosecutor” would apply the Espionage Act to Hillary Clinton as if it meant what it plainly says. When a top Democrat is in the crosshairs — as opposed to, say, Trump, other Republicans, low-level Defense Department employees, CIA contractors, military personnel, and other lesser mortals — being a “reasonable prosecutor” means you must add elements of proof that don’t appear in the criminal law. Under the Comey/Hillary rules, concocted to spare former secretary of state Clinton from prosecution for the gross negligence of her homebrew-server scheme, the Justice Department must not prosecute classified-intelligence mishandling unless it is intentional.
Of course, that’s not what the law says.
[No, but as we discovered in the Comey era, we are not a nation of laws. We are a nation of whims. — Ed]
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