*snip*Well, we did. Here is the FBI itself, less than a year ago, charging one Bryan H. Nishimura, 50, of Folsom, who pleaded guilty to "unauthorized removal and retention of classified materials" without malicious intent, in other words precisely what the FBI alleges Hillary did (h/t @DavidSirota):
Deals were made for Hillary to skate.U.S. Magistrate Judge Kendall J. Newman immediately sentenced Nishimura to two years of probation, a $7,500 fine, and forfeiture of personal media containing classified materials. Nishimura was further ordered to surrender any currently held security clearance and to never again seek such a clearance.
According to court documents, Nishimura was a Naval reservist deployed in Afghanistan in 2007 and 2008. In his role as a Regional Engineer for the U.S. military in Afghanistan, Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers. Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media. He carried such classified materials on his unauthorized media when he traveled off-base in Afghanistan and, ultimately, carried those materials back to the United States at the end of his deployment. In the United States, Nishimura continued to maintain the information on unclassified systems in unauthorized locations, and copied the materials onto at least one additional unauthorized and unclassified system.
Nishimura’s actions came to light in early 2012, when he admitted to Naval personnel that he had handled classified materials inappropriately. Nishimura later admitted that, following his statement to Naval personnel, he destroyed a large quantity of classified materials he had maintained in his home. Despite that, when the Federal Bureau of Investigation searched Nishimura’s home in May 2012, agents recovered numerous classified materials in digital and hard copy forms. The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel.
This case was the product of an investigation by the Naval Criminal Investigative Service (NCIS) and the Federal Bureau of Investigation. Assistant United States Attorney Jean M. Hobler prosecuted the case
3. We know from ongoing litigation brought by Judicial Watch that Clinton instructed her staff to destroy public records, including burning her daily schedules. The FBI has an obligation to investigate that destruction, doesn’t it?4. Since “intent” is not part of the relevant statute, why did you decide it was critical? And even it were, given ample circumstantial evidence — including false statements under oath — the standard of intent has been reached, hasn’t it?
5. You said “we cannot find a [similar] case” that led to prosecution. There are several, such as the conviction of Bryan Nishimura, and the discharge of Marine Jason Brezler. The difference is Clinton is a presidential candidate, correct?
6. You have personally prosecuted ordinary people for much smaller offenses, including a man who sent a 23-word email encouraging staff to save subpoenaed documents. You’re applying a different standard to Clinton, aren’t you?
7. You said that “no reasonable prosecutor” would bring an indictment against Clinton or her associates. Yet several reasonable federal prosecutors — including a former Attorney General — disagree. That was premature, was it not?
8. The FBI does not decide prosecutions, but presents findings to the Attorney General. Yet you precluded any other decision by stating publicly “no reasonable prosecutor” would indict. You overstepped your authority, didn’t you?