After a roughly yearlong inquiry, the FBI closed out the investigation in July 2016, finding that Clinton did not intend to break the law. The bureau reopened the inquiry months later, 11 days before the presidential election, after discovering a new batch of emails. After reviewing those communications, the FBI again opted against recommending charges.

The relevant Espionage Act cases brought by the Justice Department over the past century, Comey said, all involved factors including efforts to obstruct justice, willful mishandling of classified documents and indications of disloyalty to the U.S. None of those factors existed in the Clinton investigation, he said.That’s in contrast to the allegations against Trump, who prosecutors say was involved in the packing of boxes to go to Mar-a-Lago and then actively took steps to conceal classified documents from investigators. The indictment accuses him, for instance, of suggesting that a lawyer hide documents demanded by a Justice Department subpoena or falsely represent that all requested records had been turned over, even though more than 100 remained in the house.The indictment repeatedly cites Trump’s own words against him to make the case that he understood what he was doing and what the law did and did not permit him to do. It describes a July 2021 meeting at his golf club in Bedminster, New Jersey, which he showed off a Pentagon “plan of attack” to people without security clearances to view the material and proclaimed that “as president, I could have declassified it.”“Now I can’t, you know, but this is still a secret,” the indictment quotes him as saying.ADVERTISEMENT

Though Attorney General Merrick Garland in January named a second special counsel to investigate the Biden documents, no charges have been brought and, so far at least, no evidence has emerged to suggest that anyone intentionally moved classified documents or tried to impede the FBI from recovering them. While the FBI obtained a search warrant last August to recover additional classified documents, each of the Biden searches has been done voluntarily with his team’s consent.The Justice Department, meanwhile, notified Trump’s vice president, Mike Pence, earlier this month that it would not bring charges after the discovery of classified documents in his Indiana home. That case also involved no allegations of willful retention or obstruction.