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Comey said “no reasonable prosecutor” would pursue the case. Prosecutors must consider the likelihood of a conviction. If we could not convict OJ, what makes you think any jury would convict Hillary? At least a third of the jury would be sporting “Free Hillary” tatoos.

You raise an interesting point. I believe this was the main subjective rationale used to avoid prosecution.

“To be clear this is not to suggest that in similar circumstances a person who engaged in this activity would face no consequences. To the contrary those individuals are often subject to security or administrative sanctions but that’s not what we’re deciding here.

In other words just because we let Hillary skate don't think you can do it

-- You raise an interesting point. I believe this was the main subjective rationale used to avoid prosecution. --

I've been pointing out Comey's duplicity in this. There are "grades" of classified material mishandling, just as there are "grades" of homicide. 793(f) is like 2nd degree murder. Comey talked about the facts not adding up to a 793(f) violation. He talked about that at length. But he also admitted the classified materials were in the wild, a "dead body" if we were talking homicide.

Now, most people are aware that a person who kills another is not necessarily guilty of murder. They can be justified in the killing, or they can be guilty of manslaughter. Manslaughter doesn't require intent to kill, and a violation of classified material law doesn't require intent to give away or even expose secrets. It is enough that the classified material be "out of its secure location."

Enter 18 USC 1924(a), a person who "knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location" commits a violation.

This is the "manslaughter" variety of classified materials violation. Hillary is guilty of at least this.