Retired Gen. David Petraeus should receive an apology, a top Republican on the House Intelligence Committee said on Tuesday, for the "double standard" under which he was prosecuted but Hillary Clinton was vindicated.

"Make no mistake, if you or I, or any government employee or contractor were to be accused of transferring classified information from a non-official server, in the way that Secretary Clinton did, we would be indicted," Kansas Rep. Mike Pompeo said in a statement. "Perhaps Gen. David Petraeus is due an apology. Why the double standard? Why the doublespeak? What is the difference between 'gross negligence' and 'extreme carelessness' from a secretary of state?"

FBI Director James Comey said on Tuesday that his bureau would not recommend criminal charges for Clinton over her mishandling of classified information, despite his assessment that she had been "extremely careless" and "should have known" she was behaving improperly. Petraeus in 2015 was sentenced to two years of probation for violating the same statutes Clinton was suspected of violating.

"The American people deserve an explanation as to why the FBI believes that Secretary Clinton should not face charges, even though Comey confirms that she acted in ways that violated national security laws," Pompeo said. "Comey suggests that because there was no intent to harm American interests — no 'disloyalty' — no criminal laws were violated."

"This is not an accurate description of the law – the law does not require such intent," Pompeo added. "Many criminal prosecutions for mishandling of classified information have proceeded without the individual intending to harm America. The failure to prosecute should not have turned on Secretary Clinton's patriotism. She knew full well that her email arrangement violated the law. Her gross negligence in handling this information with 'extreme carelessness' meets the criminal standard."

Pompeo said Clinton's actions should be disqualifying for the presidency. "Poor judgment radically understates the intentionality of multiple violations of common sense, classified information handling requirements. The fact that America's senior leaders have failed to hold our top diplomat accountable for this dangerous behavior undermines our nation's national security and its system of justice."

"Escaping criminal charges is not the bar for being president of the United States. The American people deserve better," he said.