There is just so much wrong with this: http://nypost.com/2016/11/22/trump-wont-pursue-charges-against-clinton/
First off, it is not Trump’s decision to make. The basic principle is that the Attorney General makes the call as to whether and when to appoint a special prosecutor. That is designed to prevent politics from getting in the way of the operation of law.
Second, sending your ex-campaign manager off to deliver the news is entirely wrong. If you are serious you need to appear serious. Either Sessions or Trump himself should have dropped this particular bomb. Coming from Kerryanne Conway it is not in the least clear what, in fact, was decided. Does this mean there will be no investigation ever? Or is it the current view of the incoming administration subject to revision in the light of new evidence. Does it just include Hilly or does the “stay” include the Clinton Foundation, Huma, Cheryl Mills and so on?
Third, what does it say about the idea of the rule of law? It is all very well to talk about “healing” but not at the expense of having a justice system which operates differently for elite players.
I completely understand the impulse to be gracious in victory and to avoid even the appearance of trying to jail your political opponent. At that level it is a political decision and one which might be defended at a political level. However, at a process level and a legal level, this is exactly the sort of seat of the pants decision making which creates contempt for the Office of the Presidency.
Not smart Trump, not smart at all.
“I’m not looking to go back through this,” he explained to reporters at the New York Timesoffices on Tuesday.
When asked if he was taking prosecution off of the table, Trump said “no,” but he appeared eager to move on.
“My inclination would be for whatever power I have on the matter is to say let’s go forward,” he said. “This has been looked at for so long, ad nauseum.“
Trump argued against prosecuting the Clintons, suggesting that it would be better for the country and his administration if they moved on.
“I think it would be very, very divisive for the country,” he said. breitbart
That leaves the door open but it is still a lousy way to deal with a question of law. Nice as it is for Trump to have an “inclination” the correct way to proceed is to leave the door wide open until Sessions is confirmed by the Senate and has conduct of the file(s).
Part of the reason for electing Trump was to restore some semblance of the rule of law and respect for process. Short cutting that process is not helping.