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Sen. Lindsey Graham is facing quite a bit of criticism over his riots in the streets rhetoric, and for good reason: The South Carolina Republicans on-air comments about Donald Trumps followers turning to violence in the event of a possible indictment were indefensible.

There was, however, a key detail that shouldnt go overlooked. Graham didnt just seem to justify prospective violence, the longtime GOP lawmaker also went into some detail about the basis for the perceived injustice. If they try to prosecute President Trump for mishandling classified information after Hillary Clinton set up a server in her basement, the senator told Fox News, there literally will be riots in the street.

Yesterday morning, Republican Sen. John Cornyn wasnt nearly as reckless, though the Texan published a tweet touting the underlying partisan principle:

Democrats and the FBI created the Hillary Clinton standard for non-prosecution of mishandling classified information. Will Donald Trump be held to a different standard?

Cornyn was referencing a Wall Street Journal editorial, published yesterday, pushing the idea.

For those who dont care about factual details, this framing may very well have superficial appeal: Clinton was accused of mishandling sensitive materials; Trump was accused of mishandling sensitive materials. She wasnt indicted, so therefore, he shouldnt be indicted. If the two are held to different standards, at least according to Graham, the Republicans most radical followers will feel justified in lashing out with literal societal violence.

The problem emerges when grown-ups bother to look beyond the surface and notice that the allegations surrounding Clinton and Trump arent especially similar.

Clintons email protocols were, of course, the subject of a lengthy criminal probe. Federal investigators appeared eager to find evidence of wrongdoing: then-FBI Director James Comey privately marveled at the visceral hatred some senior FBI officials in New York had for the former secretary of state.

But federal law enforcement nevertheless didnt charge the Democrat with any crimes because they couldnt find evidence of criminal wrongdoing. Comey took the extraordinary step of publicly criticizing Clinton anyway, but he grudgingly conceded that the FBI, following an exhaustive investigation, couldnt indict her.

Trumps State Department similarly conceded late on a Friday afternoon that there was no systemic or deliberate mishandling of classified information from Clinton. The inspector generals office in Trumps Justice Department also concluded that the FBI had no reason to charge Clinton.

Trumps scandal bears little resemblance to his former rivals. Clinton didnt take physical documents. She didnt ignore pleas for cooperation. She didnt store highly sensitive secrets at a private club that had an unfortunate habit of letting foreign spies walk around.

To be sure, its possible that federal investigators will examine Trumps alleged misconduct and come to a similar conclusion. Maybe the former president will be exonerated. Maybe it only appears that he committed a variety of felonies by bringing classified secrets to his glorified country club and refusing to give them back.

But, on the other hand, if prosecutors conclude that the Republican deserves to be indicted, it wont be because of a double standard. It will be because the evidence proved that he broke the law.

Chances are, Graham, Cornyn, and the editorial board of the Wall Street Journal understand this. Its what makes their faux confusion that much more ridiculous.

Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MSNBC political contributor. He's also the bestselling author of "The Impostors: How Republicans Quit Governing and Seized American Politics."

Original post:
What Republicans refuse to grasp about the Clinton standard - MSNBC