Barack Obama will go down as "one of the worst presidents ever" if he pardons Hillary Clinton over her use of a private email server to send and receive classified documents when she was secretary of state, former New York City Mayor Rudolph Giuliani said.
Obama said Wednesday he has not ruled out a possible pardon for the unsuccessful Democratic presidential nominee.
But Giuliani, a campaign surrogate from now President-elect Donald Trump, told Fox News Channel's "O'Reilly Factor" on Wednesday if Obama issues Clinton a pardon, "Then he should also pardon [Kristian Saucier], who's spending a year in jail taking pictures of the submarine. And he should pardon [Gen. David] Petraeus, and he should pardon [Gen. James] Cartwright."
CNN legal analyst Jeffrey Toobin said on "Anderson Cooper 360" he expects Giuliani to be named Trump's attorney general, "and I think he's going to prosecute Hillary Clinton."
Giuliani told Bill O'Reilly he would not rule that out.
"There's one tradition in America [which is] the election's over, we forget about it," he said. "There's another tradition in America, which is equal justice under the law. And it would depend on how bad the violations are."
Report: Obama Has Not Ruled Out Pardoning Hillary
President Barack Obama has not ruled out pardoning Hillary Clinton before he leaves office in early January despite her not being charged with a crime.
"The president has offered clemency to a substantial number of Americans who were previously serving time in federal prisons," White House press secretary Josh Earnest responded Wednesday when asked by reporters.
Trump said during his second debate with Clinton last month that he would appoint a special prosecutor to investigate the 33,000 emails she deleted from her private server.
Kellyanne Conway, Trump's campaign manager, suggested Wednesday that the issue had not been abandoned, the Post reports.