Following up on this post, see his article here. Some excerpts:
"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."
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