@Jon said in Trump to be indicted - again.:
That’s a lot of sleight of hand on McCarthys part.
Please elaborate.
It's not McCarthy's column - it's Noah Rothman (my bad - I should have been clear). He's referencing a McCarthy column.
Note he used the passive voice in Hillary’s case “documents were destroyed”.
That's like saying "Biden Trump didn't carry the boxes to the garage bathroom."
Phones were destroyed, and tens of thousands of emails about recipes (as though Clinton even knew where the kitchen is) and wedding plans were deleted.
McCarthy's column says:
Trump’s best selective-prosecution argument involves Hillary Clinton. The former secretary of state set up an unauthorized, laughably insecure home-brew server system, which she used for years to conduct State Department business. This was a willful act: Clinton sought to defeat government record-keeping and record-disclosure requirements, including the mandate that officials conduct government business via government facilities — a mandate Clinton enforced on her subordinates as a cabinet secretary.
Because Clinton’s position was steeped in sensitive foreign-relations and national-security matters, by setting up an insecure email system, she was guaranteeing that national-defense information would be transmitted through it. Indeed, she used the system to communicate with President Obama, including from what the FBI gingerly referred to as “the territory of . . . an adversary” (which was probably Russia). The FBI found that classified information was stored in Clinton’s system, some of it designated at the highest level of sensitivity — the “Top Secret/Special Access Program” level. The bureau further acknowledged it was highly likely that Clinton’s system had been penetrated by hostile actors, including foreign intelligence operatives. When Clinton’s system came to light, she caused over 30,000 emails to be deleted and destroyed, even though a congressional subpoena had been issued for them.
The Clinton precedent is a strong basis for Trump to argue that, in fairness, he should not be charged. Nevertheless, if he is charged, it will not be a legal defense at trial — although he will surely try to use it for jury-nullification purposes. At trial, the only issue for the jury will be whether Trump committed the offenses charged against him. It will be beside the point that someone else committed analogous crimes but was not charged.