‘But Hillary Got Off!’ Accused Military Rule-Breakers Now Invoking ‘Clinton’ Defense

Lawyers for a Navy sailor who took classified photos of the inside of his submarine say he should receive a more lenient sentence. Why? Because the Democratic Presidential candidate escaped federal charges for her mishandling of classified information.

Petty Officer First Class Kristian Saucier was found guilty of a federal felony, for taking photos of his workspace aboard the USS Alexandria, including six pictures of the submarine’s propulsion system, which is a carefully guarded Naval engineering secret.

Saucier is facing up to six-and-a-half years in prison for his photography work. But his lawyers are claiming that Clinton’s case should serve as a model for how misusing secret government information should be punished.

Clinton, the lawyers say, had around 115 classified documents on her bathroom server, several of which were marked “top secret,” and faced no official repercussions for her reckless behavior. Saucier, they argue, should face a similar fate —or at least probation: “It will be unjust and unfair for Mr. Saucier to receive any sentence other than probation for a crime those more powerful than him will likely avoid.”

Unfortunately for Saucier, his case differs from the Democratic nominee’s in a few key ways. First, Clinton claims that she wasn’t aware that her emails contained classified documents, and says she didn’t realize they were left unprotected.

Second, Saucier knew he wasn’t supposed to take photos of his sub’s propulsion system—he had training on the matter—and took pains to destroy a computer, a camera and a memory card in order to cover his tracks, according to his plea bargain agreement.

But while Saucier’s efforts may not succeed, he won’t be the last American accused of trading in classified information that will use Clinton’s behavior as a defense.

Edward Snowden is, reportedly, in the process of negotiating a return to the US, where he will face espionage and mishandling charges. He is likely to argue for leniency, citing Clinton. Unfortunately for Snowden, his leak was intentional where Clinton’s was not—and he’s not a major Presidential candidate.