Trump continues to harp on Clinton's use of a private email server, which was a central talking point during the 2016 election.
- President Donald Trump again criticized Hillary Clinton and her top aide over their handling of classified information.
- The president also appeared to invoke a 2016 case of a US sailor jailed for photographing classified areas on a nuclear-powered attack submarine.
- Conservative commentators have held up the two situations as an example of selective treatment, but it's far from clear the two cases are comparable.
President Donald Trump launched another broadside against his 2016 presidential election opponent early on Tuesday, tweeting about Hillary Clinton and her top aide, Huma Abedin, over their handling of classified information.
"Crooked Hillary Clinton’s top aid, Huma Abedin, has been accused of disregarding basic security protocols," Trump tweeted. "She put Classified Passwords into the hands of foreign agents. Remember sailors pictures on submarine? Jail! Deep State Justice Dept must finally act? Also on Comey & others."
Trump invocation to "remember sailors pictures on submarine" likely refers to the case of Kristian Saucier, who was a machinist's mate aboard Los Angeles-class nuclear attack submarine USS Alexandria from September 2007 to March 2012.
In July 2015, Saucier was charged with taking photos of classified spaces, instruments, and equipment inside the USS Alexandria on at least three occasions in 2009.
Court papers also said Saucier attempted to destroy his laptop, camera, and camera memory card after he was interviewed by the FBI an the Naval Criminal Investigative Service in July 2012.
The investigation began in March 2012, when Saucier's cellphone, with pictures of the submarine still on it, was found at a waste-transfer station in Connecticut.
Saucier pleaded guilty to to one count of unauthorized possession and retention of national defense information in May 2016 and in August 2016 was sentenced to a year in jail, three years of supervised release, six months of home confinement, and 100 hours of community service. He was also given an "other than honorable" discharge from the Navy.
Saucier becomes a conservative talking point
Tuesday's tweet is not the first time that Trump or his surrogates have invoked Saucier's case to highlight the perception that Clinton received special treatment.
Vice President Mike Pence brought up the case during an October 2016 debate with Tim Kaine, Clinton's running mate, arguing that a service member who handled classified information in the way Clinton did would "absolutely" face court-martial, though the Washington Post found it far from clear that would happen.
Trump himself referenced the case, referring to Saucier — a 22-year-old sailor at the time of the photos were taken — as "the kid who wanted some pictures of the submarine."
"That’s an old submarine; they’ve got plenty of pictures, if the enemy wants them, they’ve got plenty of them. He wanted to take a couple of pictures," Trump added. "They put him in jail for a year."
Saucier's lawyer also compared the six photos his client took of the sub's classified propulsion system to the 110 emails classified emails the FBI determined were on the private email server that Clinton used while she was secretary of state.
"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," Saucier's lawyer wrote in an August 2016 sentencing memorandum.
But the judge in the case appeared to dismiss the comparison as well as the argument that Saucier was being treated differently.
"Selective enforcement is really not a good argument," US District judge Steven Underhill said during Saucier's sentencing. "Those arguments don't really carry much water."
Saucier was not court-martialed, and the FBI did not present evidence that he attempted to disseminate the photos he took. Espionage was not mentioned as part of his plea agreement.
Even Saucier's lawyers admitted that his actions were distinct from Clinton's email usage. Clinton said she did not knowingly send or receive classified emails. Saucier, however, admitted knowing that taking the photos was illegal, with his lawyers saying he did it "out of the misguided desire" to show his family what he did while he was in the Navy.
Intelligence agencies have said Clinton’s account contained 65 messages with information considered "Secret" and 22 classified "Top Secret." Some messages contained data under an even more restrictive “special access program” designation. (Clinton disputed those designations, saying they were the result of overclassification.)
The photos Saucier took were designated "Confidential," the lowest tier of classification, though prosecutors argued he "methodically documented" the sub's propulsion system.
Trump's election brought hope to Saucier's family that the new president would pardon the sailor, but the Trump administration denied a pardon request in June.
Saucier was released from prison and placed under house arrest at the end of summer this year. During a late-September appearance on Fox Business Network, Saucier said he thought "punishment isn't doled out evenly" and hoped Trump would "make right by it."
"I served my debt to society. I did my year and that’s why I waited to speak out about it," he said.
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