Consider these facts: Hillary Clinton used a private email address for exchanges with her State Department staff when she was secretary of state. Emails in 52 email chains were determined to contain classified or confidential information.
This was wrong, and triggered an extended FBI investigation.
In February 2023, The National Archives recovered 15 boxes of presidential records that former President Donald Trump had taken to his home in Mar-a-Lago in a breach of the Presidential Records Act. Over 300 of the documents were marked classified. For months, Trump refused the demands of the National Archives and Records Administration to return the missing records.
This was wrong, and has triggered an FBI investigation — a fact which Trump’s supporters have loudly denounced.
There can be no double standard. Any allegation of mishandling classified information is a deeply serious matter and must be dealt with judiciously, regardless of the political affiliation of the person in question. This is as true for Donald Trump as it was for Hillary Clinton.
And yet, compare these two tweets from now House Speaker Kevin McCarthy:
On Oct. 28, 2016: “Today’s news of the FBI’s decision to reopen its investigation into Secretary Clinton once again showcases her fundamental lack of judgment and disregard for protecting and handling of our nations (sic) highly classified secrets. I call upon the FBI to conduct this investigation expeditiously, and thoroughly brief the American people of its findings in a completely transparent manner.”
On June 9, 2023: “Today is indeed a dark day for the United States of America. ... I, and every American who believes in the rule of law, stand with Trump against this grave injustice (referencing the indictment).”
The editorial board of the right-leaning The National Review wrote that “it is impossible to read the indictment against Trump in the Mar-a-Lago documents case and not be appalled at the way he handled classified documents as an ex-president and responded to the attempt by federal authorities to reclaim them.”
We should all read the indictment ourselves. It alleges that some of the documents stored by Trump in cardboard boxes contain “information regarding ... United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack.”
This is serious stuff.
We also learn that Trump showed classified documents to others on at least two occasions, one of which was recorded. In the recording, Trump tells the people to whom he is showing the document that it was “highly confidential” and “secret” and that “as president I could have declassified it. ... Now I can’t.”
The hypocrisy is glaring. This from a man who repeatedly called for Hillary Clinton to be locked up for her mishandling of confidential information and who stated on Aug. 18, 2016, that “in my administration, I’m going to enforce all laws concerning the protection of classified information. No one will be above the law.”
In the case of Clinton’s emails, the investigation ultimately determined that while her actions had been “extremely careless,” there was no evidence of willful illegal behavior. The probe also “found no evidence that any of the additional work-related emails were intentionally deleted in an effort to conceal them.” Clinton complied fully with the Justice Department during the investigation.
Likewise, when both former Vice President Mike Pence and President Joe Biden found a few classified documents among the papers they had taken from the White House (about a dozen in the case of Pence and around 20 in the case of Biden, from the time he served as vice president), they immediately alerted the National Archives, turned the documents over to the Justice Department and fully complied with the investigations. Subsequent searches turned up no additional classified materials. Pence has been informed that no criminal charges will be sought against him whereas there is an ongoing investigation to determine whether further action is warranted in Biden’s case.
In none of these three cases (Clinton, Pence, Biden) were the classified documents found to have been taken deliberately, bragged about, lied about, or shown to others. Trump allegedly did all of this. Allegedly, he knowingly took highly sensitive classified documents (a blatantly illegal act) and actively conspired to prevent their return. This is the key difference — the willful and illegal retention of classified national security information.
Mr. Trump is right about one thing: No one can be above the law.
Sharlee Mullins Glenn is an author, advocate and community organizer. She currently sits on the external advisory board of Brigham Young University’s Office of Civic Engagement and volunteers with a number of humanitarian organizations. The views expressed here are her own.