On Monday, it was announced that former Navy sailor Kristian Saucier was planning to take legal action against Barack Obama and former director of the FBI James Comey, among others.
Saucier was convicted in 2016 of unauthorized possession and retention of national defense information. According to the Department of Justice, he took "photographs of classified spaces, instruments and equipment of the USS Alexandria" on his cell phone.
Saucier’s level of clearance allowed him access to the equipment. Despite knowing that the material in the photographs was classified, and that his actions were inappropriate, Saucier held on to the images "and failed to deliver them to any officer or employee of the United States entitled to receive it," reports the DOJ.
Saucier served one year in prison, and was pardoned by President Trump in March 2018.
According to Fox News, Saucier claims that he was treated differently than former presidential candidate Hillary Clinton for what he claims was a similar violation of the law. Saucier said: "They interpreted the law in my case to say it was criminal, but they didn’t prosecute Hillary Clinton. Hillary is still walking free. ... We want them to correct the wrong."
Regarding the lawsuit, Saucier’s attorney Ronald Daigle said:
We’ll highlight the differences in the way Hillary Clinton was prosecuted and how my client was prosecuted. We’re seeking to cast a light on this to show that there’s a two-tier justice system and we want it to be corrected.
Appearing on Fox News on Thursday, Saucier had the following exchange with Martha MacCallum:
MACCALLUM: You know you have this strange parallel experience of watching what Hillary Clinton was going through and what they were finding, you know, day after day, and week after week ... classified information that was on her server that she tried to destroy, and then you hear this from James Comey when he came out on July 5, 2016. Watch this.
MacCallum then played the now infamous clip of James Comey in which the former FBI director stated: "All the cases prosecuted involved some combination of clearly intentional and willful mishandling of classified information, or vast quantities of information 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."
MACCALLUM: What was going through your mind when you listened to all of that? The same FBI was investigating you.
SAUCIER: Thanks, Martha, for having me on. You know, the funny part is, is like I said, right after that, he said if anybody else does this [they'll] be in prison, basically. So it's okay if Hillary Clinton does it, but anybody else, [you] can't. And I think that's the major point in my case, you know? Look, I'm fighting for equal justice for everybody. I've already served my year in prison; President Trump's given me my life back.
This isn't about money; this isn't about anything. This is me fighting for the average American citizen. We shouldn't be subjected to a separate set of laws than Hillary Clinton or James Comey, who admitted to leaking classified information to the press to try to benefit himself. It's the same thing with Andrew McCabe. You know, these people aren't above the law – but apparently they are, and I'm gonna fight that, you know, as long as there's a breath in me, I'm gonna fight that.
MACCALLUM: Good for you.
SAUCIER: I'll drop this lawsuit tomorrow if they restore my faith, and the American people's faith, in the justice system, but I don't think that's gonna happen.
MACCALLUM: That's the one thing that we all – you expect that, right? That if you break the law – which you fessed up to, and you destroyed the evidence. I would imagine probably because you got scared, right?
MACCALLUM: You threw the laptop away; you went through that process. But, you know, everyone expects the same rules apply for everybody, but unfortunately, it turns out they don't. So now we're gonna get this IG report on June 14. What's the potential for using what you see in there to help you with your case? What does your lawyer say about that.
[On June 14, the DOJ’s Inspector General will release a report regarding the investigation into Hillary Clinton’s improper private email server. CNBC writes: "Comey's public comments — such as when he said 'no reasonable prosecutor' would bring a case against Clinton for handling classified information on a private server — are expected to be the subject of harsh criticism in the report..."]
SAUCIER: Well, I think it's going to be a bombshell. I think it's gonna be very revealing. It's going to show how James Comey decided who broke the law and who didn't. He interpreted the law [a] completely different way for Hillary Clinton than he did me, and that's just upsetting, you know?
American people should wake up every morning with faith that the justice system is gonna protect them – that's what it's there for; not to imprison them. You know, the true [enemy] of the state isn't the serviceman taking pictures of something that he's proud of, it's the people changing the laws to benefit their cronies. That's what's truly breaking down this country's infrastructure, and I think that's where we need to focus, and I hope that's what this lawsuit will do.
Like I said, I'm gonna fight for this as long as I have a breath in me because it's truly – when I was in the military, I fought enemies foreign, and, you know, and now I fight enemies domestic. And that's really what I believe, you know, Comey is. He's a domestic enemy.