Despite what he claimed in the last presidential debate, Trump will not pursue charges against Hillary. This is the smart political decision but a bad one for the rule of law.
Politically, Hillary Clinton was the plurality vote winner in the election, winning 47.8% of the electorate. To prosecute, even if the case is rock solid, can only further disaffect nearly half of the country. If the goal is to unite the country, prosecution is exactly the wrong move.
Legally, if she broke the law, she should be prosecuted. Failure to prosecute only confirms that some people are above the law. Regardless as to where one comes down on her culpability, everyone can agree that the Federal Bureau of Immunity botched the case. This is a precedent. Lawyers have already tried to use the 'Hillary Defense' in court, claiming their clients had no 'intent' to exposed classified data.
How to thread that needle? The new Attorney General, demonstrating independence and responding to the continued hearings in Congress, opts to pursue the case against Hillary and her staff. Many of those who were granted immunity did not give accurate testimony and immunity can be revoked. Charge them as well. Trump can then offer a pardon to all involved. The AG takes the heat while Trump gets the positive reaction from Hillary voters. Trump will take some heat from his voters but will be able to offer that a prosecution would only distract him from more important goals. He is likely to take less heat from such a pardon than Ford took for pardoning Nixon. Also, the pardon functions as a de facto conviction with a commuted sentence.
As that is unlikely, the Hillary Defense will be flown from time to time and high-ranking government officials will be heartened by the fact that one can be above the law if the political considerations outweigh legal ones.
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