From The Intercept:
Secrecy is a virtual religion in Washington. Those who violate its dogma have been punished in the harshest and most excessive manner – at least when they possess little political power or influence. As has been widely noted, the Obama administration has prosecuted more leakers under the 1917 Espionage Act than all prior administrations combined. Secrecy in DC is so revered that even the most banal documents are reflexively marked classified, making their disclosure or mishandling a felony. As former CIA and NSA Director Michael Hayden said back in 2000, “Everything’s secret. I mean, I got an email saying ‘Merry Christmas.’ It carried a top secret NSA classification marking.”
People who leak to media outlets for the selfless purpose of informing the public – Daniel Ellsberg, Tom Drake, Chelsea Manning, Edward Snowden – face decades in prison. Those who leak for more ignoble and self-serving ends – such as enabling hagiography (Leon Panetta, David Petreaus) or ingratiating oneself to one’s mistress (Petraeus) – face career destruction, though they are usually spared if they are sufficiently Important-in-DC. For low-level, powerless Nobodies-in-DC, even the mere mishandling of classified information– without any intent to leak but merely to, say, work from home – has resulted in criminal prosecution, career destruction and the permanent loss of security clearance.
This extreme, unforgiving, unreasonable, excessive posture toward classified information came to an instant halt in Washington today – just in time to save Hillary Clinton’s presidential aspirations.
What happened here is glaringly obvious. It is the tawdry by-product of a criminal justice mentality in which – as I documented in my 2011 book With Liberty and Justice for Some– those who wield the greatest political and economic power are virtually exempt from the rule of law even when they commit the most egregious crimes, while only those who are powerless and marginalized are harshly punished, often for the most trivial transgressions.
Had someone who was obscure and unimportant and powerless done what Hillary Clinton did – recklessly and secretly install a shoddy home server and worked with Top Secret information on it, then outright lied to the public about it when they were caught – they would have been criminally charged long ago, with little fuss or objection. But Hillary Clinton is the opposite of unimportant. She’s the multi-millionaire former First Lady, Senator from New York, and Secretary of State, supported by virtually the entire political, financial and media establishment to be the next President, arguably the only person standing between Donald Trump and the White House.