This morning, FBI Director James Comey announced he would not recommend prosecuting Hillary Clinton over her handling of emails while Secretary of State. “Our judgment is that no reasonable prosecutor would bring such a case,” Comey said.
Some, including Republican candidate Donald Trump, immediately derided the decision, claiming General David Petraeus was indicted for less serious conduct:
The system is rigged. General Petraeus got in trouble for far less. Very very unfair! As usual, bad judgment.
— Donald J. Trump (@realDonaldTrump) July 5, 2016
So this means the Obama Administration is going to give Gen. David Petraeus a pardon & apology right?
— Sean Geary Higgins (@SeanGHiggins) July 5, 2016
Calling General Petraeus. #FBI
— Michael Brown (@MichaelBrownUSA) July 5, 2016
Clinton’s conduct, however, has little in common with Petraeus, who pleaded guilty to a misdemeanor charge of mishandling classified information.
Petraeus knowingly provided highly classified information to an unauthorized person.
Petraeus gave Paula Broadwell, his mistress and biographer, his notebooks after telling her they contained “highly classified” information. This conversation was captured on tape by Broadwell and included in the government’s statement of facts:
A few days later he sent Broadwell an email agreeing to provide her the “black books.” The books contained “the identities of covert officers, war strategy, intelligence capabilities, diplomatic discussions, and quotes and deliberative discussions from National Security Council meetings, including discussions with the president of the United States.”
In contrast, Comey concluded that in Clinton’s case there was no “clearly intentional and willful mishandling of classified information.”
Comey said the way Clinton handled the email was “careless” but that falls well below the legal standard for prosecution under the statute used to convict Petraeus.
Petraeus allegedly lied to the FBI.
In an interview with the FBI, Petraeus allegedly claimed that he only started his relationship with Broadwell after he left the military and never provided her with classified information.
He ultimately was not charged with lying to the FBI, but such a charge could have carried years and jail and likely influenced his decision to plead guilty to a misdemeanor.
Comey, in contrast, made clear he found no evidence that Clinton was attempting to impede the investigation. He found “no intentional misconduct” in the handling of the emails or “an effort to conceal them.”
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In the end, Trump and others will claim that Clinton received special treatment. But Comey is a registered Republican who donated to John McCain and Mitt Romney. His decision not to recommend prosecution appears to be rooted in facts, not politics.
This is an opinion shared by the woman who prosecuted David Petraeus.