clinton pardoned. >> that's our new standard, anybody is better than a terrorist? >> no. these are political cases. there are law review articles being written about how highly politicized the criminal justice system has become. >> dinesh d'souza signed an admission of guilt, rudy. >> the only reason he was prosecuted for a situation, campaign finance, that usually results in a fine to somebody that isn't a conservative activist. >> they tried to put on evidence that this was selective prosecution. it didn't fly. it didn't fly then. why should it fly now? >> selective progression. because pardon is different than the ability to get evidence . selective prosecution is an extraordinarily difficult thing to really use as a defense. it almost never works. even though it might be justifiable. and the pardon power allows the president, if people did something that's marginal, and i