Petty Officer First Class Kristian Saucier, pleads the Hillary — the decision not to prosecute Hillary Clinton over her  “extremely careless . . . handling of very sensitive, highly classified information” on her private email server, in hopes of avoiding jail time.

Saucier pleaded guilty, admitting that while working on the U.S.S. Alexandria in 2009 he took and kept six photos showing parts of the sub’s propulsion system he knew to be classified. He also admitted that after being confronted by law enforcement in 2012 he destroyed a laptop, camera and memory card. Sentencing guidelines call for a prison term of 63 to 78 months, but Saucier’s attorney, Derrick Hogan, cited the treatment of Clinton as he argued in a filing that Saucier should get probation instead:

“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. He noted that FBI Director James Comey said 110 emails in 52 email chains in Clinton’s account contained information deemed classified at the time, including eight chains with “top secret” information and 36 with “secret” information.

“In our case, Mr. Saucier possessed six (6) photographs classified as ‘confidential/restricted,’ far less than Clinton’s 110 emails,” Hogan wrote. “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.”

According to the Politico article, Saucier’s supporters claim the Navy hasn’t been as tough on other Sailors:

Hogan cites incidents involving two other Navy sailors on the Alexandria who were caught taking photos in classified spaces on the vessel. One received a one rank reduction and was docked $560 in pay. The other was just docked $560 in pay. Both cases were handled through a Captain’s Mast hearing used for relatively minor cases.

But some attribute the tough treatment of Saucier to the allegations his ex-wife leveled at him that he intended to share some of the photos with “foreign agencies,” an allegation that prosecutors have not made publicly.

Saucier is scheduled to be sentenced Friday. He is still in the Navy, but expects to be dismissed from the service with an “other than honorable” discharge. Will he get off without jail time?