A Navy sailor is hoping Hillary Clinton's email scandal will help him avoid prison time, according to a published report.
Petty Officer 1st Class Kristian Saucier, 29, is set to be sentenced Friday on a single felony charge of retaining national defense information without permission, Politico reported.
In May, he pleaded guilty for taking six photos of the inside of a submarine. The photos he took of the Los Angeles-class attack submarine Alexandria in 2009 showed parts of its propulsion system, which he knew to be classified.
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.
Prosecutors have agreed that sentencing guidelines in this case call for a prison term of 63 to 78 months.
"Democratic Presidential Candidate and former Secretary of State Hilary [sic] Clinton ... has come under scrutiny for engaging in acts similar to Mr. Saucier," Hogan wrote in a defense filing last week.
"In our case, Mr. Saucier possessed six (6) photographs classified as 'confidential/restricted,' far less than Clinton's 110 emails," Hogan argued. "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."
Though FBI Director James Comey said 110 emails in 52 email chains in Clinton's account had information deemed classified at the time, they declined to prosecute the former secretary of state.
However, Saucier knew — according to a plea bargain — that he wasn't allowed to take the photos and that they would have classified information. Clinton has said she did not know anything on her email server was classified.
Saucier is still in the Navy, but expects to be dismissed from the service with an "other than honorable" discharge, the Hogan filing said.