From the first, these columns have argued that the whitewash of the Hillary Clinton–emails caper was President Barack Obama’s call — not the FBI’s, and not the Justice Department’s. (See, e.g., here, here, and here.) The decision was inevitable. Obama, using a pseudonymous email account, had repeatedly communicated with Secretary Clinton over her private, non-secure email account.
These emails must have involved some classified information, given the nature of consultations between presidents and secretaries of state, the broad outlines of Obama’s own executive order defining classified intelligence (see EO 13526, section 1.4), and the fact that the Obama administration adamantly refused to disclose the Clinton–Obama emails. If classified information was mishandled, it was necessarily mishandled on both ends of these email exchanges.
That is why such an indictment of Hillary Clinton was never going to happen. The latest jaw-dropping disclosures of text messages between FBI agent Peter Strzok and his paramour, FBI lawyer Lisa Page, illustrate this point.