A Navy sailor who cited Hillary Clinton's email scandal as reason why he should avoid prison time for taking classified photos of a submarine may be out of luck.
In a late Monday night court filing, federal prosecutors asked a federal judge to send Petty Officer 1st Class Kristian Saucier to prison for more than five years for keeping six cellphone pictures he took inside classified spaces of the USS Alexandria in 2009.
"The defendant is grasping at highly imaginative and speculative straws in trying to ... draw a comparison to the matter of Sec. Hilary Clinton based upon virtually no understanding and knowledge of the facts involved, the information at issue, not to mention any issues if [sic] intent and knowledge," prosecutors wrote, according to Politico.
Saucier is set to be sentenced Friday on a single felony charge of retaining national defense information without permission, according to a prior report. He pleaded guilty in May for taking photos of the Los Angeles-class attack submarine, and knew the photos showing part of its propulsion system were deemed classified.
Earlier this week, Defense Attorney Derrick Hogan cited the the FBI's decision not to prosecute Clinton over mishandling classified information in her private email server as the reason Saucier should get probation instead of prison time.
However, Saucier knew — according to a plea bargain — that he wasn't allowed to take the photos and that they would have been classified information. Clinton has said she did not know anything on her email server was classified.
Prosecutors had previously agreed agreed that sentencing guidelines in this case call for a prison term of 63 to 78 months.