But in the case of the new indictment by the special counsel, Jack Smith, “no worse” comes with an additional twist.
Trump’s case is not the first high-profile instance of a senior public official mishandling classified information.
Hillary Clinton comes to mind, and while the Department of Justice might be able to prosecute Trump under facts similar to those in Clinton’s case, it should not.
So in addition to evaluating the relevant law, the Justice Department should apply the same standard to Trump as it did to Clinton, the standard articulated by the F.B.I.
I’m a former Judge Advocate General’s Corps officer, an Army lawyer who helped investigate classified information breaches when I served in Iraq, and I feel confident that I would have faced military charges under similar facts.
Persons:
Jack Smith, “, Hillary Clinton, Trump, Clinton, James Comey, Comey, Clinton’s, ”, I’m, General’s
Organizations:
Department, Justice, Republican, Democratic, Justice Department, Trump, Army
Locations:
United States, Iraq