AG prospect Rudy Giuliani may go for Clinton prosecution

President elect Donald Trump may have praised his Democratic opponent Hillary Clinton after he won the election, but that was his mouth talking--his ego has yet to phone in.

Rudy Giuliani, a top prospect to be Trump's Attorney General left the door wide open that, if he gets the nod, his Justice Department would go after Hillary Clinton regarding her private and illegal email server and the "pay for play" with the Clinton Foundation and her time as Secretary of State.

Giuliani was a former New York City mayor during the 9/11 attack on the city, and a federal prosecutor before that. He put away some serious 'bad guys' in the mob. He said Wednesday on "The O'Reilly Factor" that Hillary was a legitimate target to be investigated and that it had nothing to do with political "payback."

"There's one tradition in America, right? Election is over. We forget about it. There is another tradition in America which is 'equal justice under the law,'" he said. "And it would depend on how bad the violations are."

I don't know if Rudy checked into it lately, but violation of the Espionage Act is a bad violation of the law.

FBI Director [for now] James Comey said that recent findings in the investigation into Clinton's private, illegal, homebrew server, did not cause him to change his recommendation to the Justic Department to not pursue charges against Clinton.

But there are reports indicating some FBI agents are also looking into the Clinton Foundation regarding the "pay to play" scheme, and while it seems quite obvious she gave special favorable treatment to donors to the foundation, there remains no proof that she stood on the torch of the Statue of Liberty and screamed it out. That's what it appears the FBI is looking for to make their case, as it was with the server.

When Trump was the presidential nominee in October and first raised the idea of going after Clinton, nobody on the left worried that much because they knew she had the election in the bag.

"If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation because there has never been so many lies, so much deception," Trump told Clinton.

When he made his victory speech early Wednesday morning, Trump praised the former Worst Lady for running a tough campaign--he never mentioned her myriad scandals. "Hillary has worked very long and very hard over a long period of time, and we owe her a major debt of gratitude for her service to our country. I mean that very sincerely."

Note: he did not say "very very sincerely" so he may not have actually meant it.

But the plot sickens because it's possible that President Obama could preemptively pardon Clinton for any federal crimes (but he cannot pardon state and civil offenses that we haven't yet learned about).

If Obama pardons Hillary, it implies that she is guilty of the crimes.

"So, the president can offer the pardon but the pardon carries an implication of guilt; if she accepts the pardon, her acceptance carries a confession of guilty," Chapman University Law Professor Ronald Rotunda said in an email to FoxNews.com. 

He noted, however, that a pardon of Clinton alone would leave any co-conspirators--potentially including Bill Clinton and top aides and foundation officials--open to prosecution. And if she hypothetically confessed her guilt in the U.S., the Clinton Foundation trustees around the world would also be at risk, explains a charity fraud expert, Charles Ortel.

Another battle could be over the legality of a non-specific presidential pardon and this might be challenged by Trump or Giuliani. 

"I think President Obama should leave it to the system we all believe in to determine 'is she innocent or is she guilty?'"


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