Former National Archivist Ferreiro declined to refer Clinton email scandal to DOJ but did issue referral for Trump

Following Monday’s FBI raid of former President Donald Trump’s Mar-a-Lago residence in search of classified documents, comparisons have been drawn between that and the way that former Secretary of State Hillary Clinton’s private email server, on which classified material was stored, had been handled.

Now it has been revealed that the same top official at the National Archives who prompted the current Justice Department to investigate Trump over mishandling classified materials had declined to do the same in 2015 with regard to Clinton, Fox News reported.

That official is David Ferriero, who served as the director of the National Archives and Records Administration from November 2009 until April 2022.

Trump referred to DOJ but Clinton was not

After former President Trump left office in January 2021, there emerged reports that, perhaps inadvertently, he had taken several boxes of documents that potentially contained classified materials to his resort residence in south Florida instead of turning them over to the National Archives.

At least 15 boxes were returned to the National Archives earlier this year, but Ferriero apparently suspected that some classified materials remained missing and reportedly contacted the DOJ, which prompted an investigation that resulted in the FBI raid on Trump’s residence on Monday.

That stands in stark contrast to how Ferriero handled the Clinton email scandal, however, in which tens of thousands of emails stored on a private server instead of a government server were deleted in spite of congressional subpoenas and the fact that they should have been turned over to the National Archives once she left office.

When asked by Sen. Chuck Grassley (R-IA), then-chairman of the Senate Judiciary Committee, asked Ferriero in a 2015 letter if he had referred the Clinton matter to the DOJ, Ferriero replied at that time, “In light of the ongoing activities, reviews, inquiries, and litigation described above, in which the Department of Justice reportedly is actively involved, we do not believe that it is appropriate or necessary at this time for NARA to request that the Attorney General initiate an action.”

In the end, thanks to then-FBI Director James Comey, Clinton dodged legal accountability in 2016 for her clear violation of records-keeping laws — though the argument could be made that she ultimately paid a political price for her actions in that the email scandal likely contributed to her electoral loss in that year’s presidential election.

Trump highlights double standard, and Clinton fundraises off of it

In a statement from former President Trump about the FBI raid on Monday, he made reference to Clinton’s dodge of accountability from the federal government in comparison to the way in which he was being treated.

“Hillary Clinton was allowed to delete and acid wash 33,000 E-mails AFTER they were subpoenaed by Congress. Absolutely nothing has happened to hold her accountable,” he declared.

Meanwhile, the Washington Examiner reported that Clinton, apparently as smug as ever, actually referenced her own email scandal in a fundraising pitch this week following the FBI’s raid on Trump by selling merchandise emblazoned with the phrase “but her emails” — an arrogantly sarcastic phrase adopted by her supporters to dismiss critiques from the media and politicians during and after the 2016 election.

This whole affair is simply another reminder for Americans that there is a dual system of partisan justice that clearly favors one side of the political divide over the other, regardless of real or perceived guilt, which is unacceptable and unsustainable in our constitutional republic.

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