Former U.S. Navy sailor Kristian Saucier’s case against Obama administration officials for alleging unequal protection of the law will have no legal bearing, according to Fox News senior judicial analyst Judge Andrew Napolitano.
Saucier would only have a case if the government chose to prosecute “based on some hatred on the part of the government of a group to which he belongs,” Napolitano said during an interview on FOX Business’ “The Evening Edit” program on Tuesday.
Since Saucier is a white male former naval officer who doesn’t belong to a minority group, Napolitano said, he cannot call into question the Obama Justice Department’s decision.
“As well, he pleaded guilty, so he admitted to doing the act,” Napolitano said.
Saucier pleaded guilty to one count of unauthorized possession and retention of national defense information and was sentenced to one year in prison, six months of house arrest, 100 hours of community service and a $100 fine.
Ronald Daigle, the attorney representing Saucier, told Fox News on Monday that the lawsuit is expected to name as defendants the U.S. Department of Justice, former FBI Director James Comey and former President Barack Obama.
Napolitano said Obama and other defendants can use “qualified immunity” which shields government officials from liability when they are sued under federal statute so long as their decision was made on the basis of real evidence.
“As long as their decision was made free of hatred for the group to which he belongs, their decision to prosecute or not prosecute is immune and can’t be called into question,” he said.