This is a sidetrack issue.
What Clinton did was wrong. She shouldn't have had a private server that did not classify documents and she should not have had classified emails through her private server. Commey did explain why he did not recommend pursue charges and they seemed reasonable to me.
Alhough we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.
In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. 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. We do not see those things here.
To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences.
Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System — FBI
We should look at the Trump case and its evidence. It should be evaluated on its own evidence.
Are the cases the same?
If Trump turned over all the documents right away and cooperated, I could see the argument being made that it was a like case of carelessness like Clinton's case.
However, Trump's actions were different imo. He ignored a subpoena and a lawyer representing him certified that all the classified documents had been turned over. And they weren't. There is unambiguous evidence it wasn't the case. This is a significant difference.
If Trump did break the law and is not prosecuted, will that reset the standards of prosecution as to say that when powerful people retain government documents, they can ignore a subpoena and have their lawyers mispresent facts and there will be no consequences?