It's hard to forget President-elect Donald Trump telling Hillary Clinton during a debate that if he were president, Clinton would be "in jail." And on Nov. 10, Trump surrogate Rudy Giuliani wouldn't rule out Clinton being possibly investigated, which seems hypocritical considering how Trump's campaign has treated the numerous lawsuits the president-elect currently faces.
CNN's Chris Cuomo interviewed Giuliani, asking why, unlike other Trump surrogates, Giuliani has not come out and said that Clinton will not be investigated. Giuliani refused to answer either way, saying he couldn't give an "off-the-cuff" answer to such a "tough" decision. Still, at least one House Republican, Utah's Jason Chaffetz, will continue to investigate Clinton's private email server, Chaffetz told the Washington Post.
When Cuomo pointed out that the FBI and the Department of Justice both haven't recommended criminal prosecution of Clinton, Giuliani's rebuttal was that FBI Director James Comey "never got to investigate the foundation." The statement seems askew, considering Comey made an eleventh-hour decision to announce the FBI was investigating more Clinton emails, just days before the election. (The FBI cleared Clinton soon after, essentially rendering Comey's announcement pointless, and leading to claims from Clinton supporters that Comey had interfered with the election.)
But the former New York City mayor did leave Cuomo with this one gem: "The equal administration of justice is one of our most important principles." It's interesting that Giuliani said that, considering that there are currently an unprecedented 75 lawsuits open against Trump, according to USA Today. The president-elect faces a federal fraud trial related to his now defunct Trump University on Nov. 28, but his lawyers are trying to have it delayed until after Trump's inauguration. The class-action lawsuit was filed in 2010 on behalf of Trump University students who claimed they had lost thousands of dollars. But Trump is reportedly too "busy" with the transition of presidential power to attend his own trial according to his lawyers, the Washington Post reported. The president-elect has denied the allegations, as well as any wrongdoing in the Trump University case.
Even if Trump delays taking the witness stand until he is officially the U.S. president, Supreme Court precedent shows that Trump would not have presidential immunity concerning anything prior to his election. In 1997, the Supreme Court voted 9-0 to allow Paula Jones' sexual harassment case against then-president Bill Clinton to continue, even though he wanted to defer the case until after his presidency. Clinton firmly denied Jones' allegations.
It seems strange that Giuliani would make such broad statements about Clinton being prosecuted while ignoring the fact that Trump and his lawyers are trying to delay lawsuits against him. Rather than focusing on a newer potential case against Clinton, Giuliani should be advising Trump to finally stand trial on his now six-year-old case. That's what would be going on if the "equal administration of justice" was happening, anyway.