As more information comes to light regarding the FBI’s handling of the investigation into Hillary Clinton’s illegal use of private servers while secretary of state, one is left wondering if Richard Nixon would have survived the Watergate scandal had James Comey been director of the FBI at that time. This past Friday, the FBI released some of its memos on its interview of Clinton. The timing of the release appropriately brought accusations of “game-playing” on the part of the FBI. On Wednesday, however, FBI Director Comey, clearly sensitive to accusations of political pandering, sent out a memo reiterating that “there really wasn’t a prosecutable case” and blasting critics as “chest beating by people no longer in government.” That reference was likely to several former FBI agents who have voiced their disagreement with the decision and how the investigation was handled.

Comey’s statements suggest an elitist superiority complex that justifies his decision based not on an appeal to a logical application of evidence in reference to the law, but rather upon the power of his position as head of the FBI. It’s as if Comey just told Americans that no matter what the information presented appears to reveal, only he has the ability to declare what it means. And those former FBI agents? They’re not current so what they say really doesn’t matter and shouldn’t be heeded.

Comey has yet to answer the critics’ most specific questions regarding the handling of the investigation. Questions such as why the FBI did not pursue evidence of Clinton’s potential false statements, and why Clinton was only questioned once, three days before the conclusion of the investigation — which is highly unusual. Or why Hillary’s aide Huma Abedin was allowed to get away with saying she was “unaware” of the existence of a private server until after Clinton’s term as secretary of state, or the deletion of emails after a subpoena had been issued. Director Comey’s insistence that “we don’t play games” has only reinforced in the minds of many Americans just the opposite. To favor the societal elites and politically connected over and against the common American citizen is not only unjust, it’s unconstitutional.