It sure does seem that Hillary Clinton has been almost daring the federal bureaucracy to uphold the rule of law, and the Obama Administration has casually refused to take the bait. From CNN:
Early this year as the investigation into Clinton’s private email server was in full swing, several FBI field offices approached the Justice Department asking to open a case regarding the relationship between the State Department and the Clinton Foundation, according to a law enforcement official. At the time, DOJ declined because it had looked into allegations surrounding the Clinton Foundation around a year earlier and found there wasn’t sufficient evidence to open a case.
This sure looks like a cover-up. Wouldn’t it behoove the federal government to be absolutely thorough and transparent in putting to rest any suspicions — particularly considering that the suspicions originated through “several FBI field offices,” not the vast right-wing conspiracy that Clinton has long offered her supporters as an excuse to ignore reality? After all, this is a person likely to be the President of the United States, and it can’t be good for the country to have open questions about uninvestigated suspicions.
We can only fear what sort of damage a Clinton presidency would do to the rule of law should she win the office, just as we can only fear what sort of damage an unpredictable and apparently ignorant Donald Trump would do in the same position. The more important conclusion, though, is that the federal government is already illegitimately exercising power because it is acting outside the bounds of the rule of law, which the citizenry should consider to be a violation of the contract that binds us to following the law ourselves.
As I’ve written before, our country has reached the point that we should follow the law to avoid prison or other consequences — and insofar as the law happens to correspond with moral principles — but should feel no moral responsibility to obey an illegitimate government.