Right . . . a person may be taped doing something but that does not mean that he “intended” to do it (an element of the crime). Isn’t that the excuse Comey gave for Hillary?
The law is always applied equally…always.
Comey’s excuse was that no reasonable prosecutor would bring the case. He gets to define what reasonable is, and he gets to usurp their prerogative and discretion.
I think you are correct, part of his stepping out of his lane was explaining how if HE was a prosecutor, no way would he charge her. No explanation needs to be given beyond “decline to prosecute,” but he thought the intent element was weak.