Dana Milbank had a piece on exactly this topic in today’s Washington Post. He quotes James Comey from the (in)famous July 2016 press conference in which he declined to recommend prosecution of Hillary Clinton while castigating her for being “extremely careless in [her] handling of very sensitive, highly classified information.” Comey contrasted Clinton’s case with others in which the Department of Justice had chosen to bring criminal charges, such as those against General David Petraeus and Bill Clinton’s National Security Advisor, Sandy Berger:

“All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice.” In Clinton’s case, Comey concluded, “We do not see those things.”

Trump, on the other hand, has exhibited all of these behaviors. Of course he must be tried for his crimes. (I should say “alleged” crimes; presumption of innocence and all that.) But in today’s America, no jury of twelve good citizens and true will ever agree on a unanimous verdict. The result will be a mistrial, which Trump will proceed to trumpet as vindication.

It’s like watching a Greek tragedy in which you can only witness, but are powerless to prevent, the end predetermined by inexorable fate.