“What happened here is glaringly obvious. It is the tawdry by-product of a criminal justice mentality in which – as I documented in my 2011 book With Liberty and Justice for Some – those who wield the greatest political and economic power are virtually exempt from the rule of law even when they commit the most egregious crimes, while only those who are powerless and marginalized are harshly punished, often for the most trivial transgressions.
“Had someone who was obscure and unimportant and powerless done what Hillary Clinton did – recklessly and secretly install a shoddy home server and worked on Top Secret information on it, then outright lied to the public about it when they were caught – they would have been criminally charged long ago, with little fuss or objection. But Hillary Clinton is the opposite of unimportant. She’s the multi-millionaire former First Lady, Senator from New York, and Secretary of State, supported by virtually the entire political, financial and media establishment to be the next President, arguably the only person standing between Donald Trump and the White House.
“But a system that accords treatment based on who someone is, rather than what they’ve done, is the opposite of one conducted under the rule of law. It is, instead, one of systemic privilege. As Thomas Jefferson put it in a 1784 letter to George Washington, the ultimate foundation of any constitutional order is ‘the denial of every preeminence.’ Hillary Clinton has long been the beneficiary of this systemic privilege in so many ways, and today, she received her biggest gift from it yet.
“The Obama-appointed FBI Director gave a press conference showing that she recklessly handled Top Secret information, engaged in conduct prohibited by law, and lied about it repeatedly to the public. But she won’t be prosecuted or imprisoned for any of that, so Democrats are celebrating. But if there is to be anything positive that can come from this lowly affair, perhaps Democrats might start demanding the same reasonable leniency and prosecutorial restraint for everyone else who isn’t Hillary Clinton.”