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Correct. Clinton clearly set up her server to evade FOIA and got kid gloves treatment from the FBI. But she at least played along with the investigation a little bit and could feign some ignorance. Trump was brazenly defiant and they literally have a recording of him breaking the law. All he had to be was 10% less stupid but he couldn't pull that off.
She had her staffers destroy an unknown but likely very large amount of evidence. That is not "playing along with the investigation", and the reason we don't know it for a certainty on the record is because the FBI helped her cover it up.
I understand that what Trump did was very, very stupid. I maintain that the stupidity or intelligence of the politicians in question is not the dispositive factor here.
You're not going to see me defend Clinton's server, clearly it was wiped to preclude any further evidence gathering. The FBI should have simply seized the server, not asked her politely to hand over hand-picked "relevant" emails and then allow her to erase it. But she complied with that very lax standard. Also her apparent motive (FOIA noncompliance, mixing government work with business) is worse than Trump's, which is purely his ego.
If Trump had complied by handing over the physical documents when asked, I doubt he would have been prosecuted. His defiance and his stupidity are major factors here, he admits to committing a crime on tape, which makes it so easy to prove in court.
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