Let me toss a firecracker here
Trump Camp Refuses to Close Door on Campaign Pledge to ‘Lock Her Up’
WASHINGTON — Even as President-elect Donald J. Trump vows to unify a divided nation, he faces a momentous decision over whether to make good on his oft-repeated campaign pledge to have a special prosecutor “lock up” Hillary Clinton.
That decision will signal whether Mr. Trump intends to look ahead and “bind the wounds of division,” as he pledged to do in his acceptance speech early Wednesday, or look back and settle scores, as he often seemed inclined to do during his campaign.
Arguments are presented on both sides, but one clemency plea comes from a problematic source:
But Gov. Chris Christie of New Jersey, who is also a Trump adviser, seemed to discourage talk of prosecuting Mrs. Clinton when he was asked about it Thursday on NBC’s “Today” show. “People get to speak through their vote, and they voted for Donald Trump to be the president of the United States,” Mr. Christie said. “It is now his job, and I am confident he will bring the country together.”
Hmm - maybe Obama can offer a Clinton/Christie twofer pardon.
The most recent example is the progressive angst that followed the Obama/Holder decision to close the books on the Bush "torture' regime with no charges against anyone. Obviously this is an imperfect analogy since it was life during wartime and in many cases (but not all) people made a good-faith effort to stay within the law as the Doj had presented it. I don't believe anyone in Hillary's inner circle relied on a legal opinion discussing the voluntary nature of the Freedom of Information Act, the National Archives Act and respect for Congressional subpoenas.
On the other hand, as Gov. Christie says, the people have voted Hillary off the island, which may be punishment enough. As a mostly symbolic compromise President Trump (or Obama!) might consider pardoning some of the people tried for mishandling classified information that Republicans highlighted as egregious given the non-prosecution of Hillary (Examples here and here; do remember that obstruction of the investigation brings the deluge).
As to other examples, I thought the Plame affair was a bipartisan attempt to clip VP Cheney's wings; the endless Iran-Contra special persecution by Walsh was partisan lawfare; and of course, Bill Clinton dealt with a swarm of special prosecutors.
But Hillary? I would mostly say, "Move On." Trump has an ambitious agenda and if he can deliver on other parts of this an unjailed Hillary will be the least of our worries. Conversely, if Trump can't get control of immigration and health care or promote working class jobs, Hillary in jail won't put bread on anyone's table except a cadre of Washington lawyers.
On The Other Hand: Hillary's abusive email practices are history but the Clinton Foundation lives on; its pay-to-play ethos no doubt lives on as well, although donors are no doubt viewing the current access on offer as discounted in value.
Suppose the final Team Trump disposition is that the email probe is over, as announced by Comey, but since the Foundation probe was never officially over it will remain ongoing. Will our friends on the right be OK with that?
AS AN ALTERNATIVE: Maybe Hillary could be sentenced to a remedial course on Constitutional principals? Locke her up!