DOJ handling of Trump, Clinton probes shows potential ‘abuse of prosecutorial discretion’

The Justice Department's divergent handling of the Clinton email and Russia investigations -- avoiding false-statement charges in one, while pursuing several in the other -- could demonstrate an "abuse of prosecutorial discretion," The Federalist senior editor Mollie Hemingway argued on the “Special Report” All-Star Panel Monday night on Fox News.

She discussed the DOJ and FBI's conduct ahead of former national security adviser Michael Flynn's sentencing, set for Tuesday, on a false-statement charge to which he pleaded guilty. Several other individuals also have been charged for false statements in the Russia case -- though no such charges were pursued during the lengthy investigation into Hillary Clinton's private email use while secretary of state.

“We have a really good test case. We have the FBI and the Department of Justice going after Hillary Clinton for breaking the law on classified information in which we saw the Department of Justice and FBI just bend over backwards, you know, giving immunity -- handing it out like candy, getting nothing in return, declining to prosecute anyone for false statements even though a ton of people have made false statements," Hemingway said.

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