“WHAT SEPARATES THE CLINTON AND TRUMP CASES?
A lot, but two important differences are in willfulness and obstruction.
In an otherwise harshly critical assessment in which he condemned Clinton’s email practices as “extremely careless,” then-FBI Director James Comey announced that investigators had found no clear evidence that Clinton or her aides had intended to break laws governing classified information.
As a result, he said, “no reasonable prosecutor” would move forward with a case. The relevant Espionage Act cases brought by the Justice Department over the past century, Comey said, all involved factors including efforts to obstruct justice, willful mishandling of classified documents and indications of disloyalty to the U.S. None of those factors existed in the Clinton investigation, he said.
That’s in contrast to the allegations against Trump, who prosecutors say was involved in the packing of boxes to go to Mar-a-Lago and then actively took steps to conceal classified documents from investigators.
The indictment accuses him, for instance, of suggesting that a lawyer hide documents demanded by a Justice Department subpoena or falsely represent that all requested records had been turned over, even though more than 100 remained in the house.
The indictment repeatedly cites Trump’s own words against him to make the case that he understood what he was doing and what the law did and did not permit him to do. It describes a July 2021 meeting at his golf club in Bedminster, New Jersey, which he showed off a Pentagon “plan of attack” to people without security clearances to view the material and proclaimed that “as president, I could have declassified it.”
“Now I can’t, you know, but this is still a secret,” the indictment quotes him as saying.
That conversation, captured by an audio recording, is likely to be a powerful piece of evidence to the extent that it undercuts Trump’s oft-repeated claims that he had declassified the documents he brought with him to Mar-a-Lago.”
https://www.yahoo.com/news/trump-allies-cite-clinton-email-170539657.html