On November 10, 2016, Rudy Giuliani said Obama should not pardon Hillary because the justice system should be allowed to investigate the William J. Clinton foundation:

"And also, it's hard to investigate other people," Giuliani said. "What do you say to a foundation that — where you have a fraud of $50,000 when you haven't looked at a foundation where there is an alleged fraud in the millions or hundreds of millions of dollars? Now, it may be true it's not true, but it hasn't been investigated."

"That's a very tough balance and that's why I don't think President Obama should pardon her," Giuliani said. "I think President Obama should leave it to the system we all believe in to determine, is she innocent or is she guilty?"

Rudy raises a good point.  While the email scandal has been investigated by the FBI, whether we agree or not with its conclusion and how it was conducted, we do not know the extent, if any, of the pay for play evidence against the William J. Clinton Foundation, aka the William J. Corleone Foundation.  Nor do we know the details of the investigation if any.

Rudy raises the issue of equal justice.  How can you charge a person for fraud of $50,000 when the Clinton Foundation has received hundreds of millions of dollars by person doing business with the State Department?

The equal justice argument also applies to the convictions of General Petraeus, General Cartwright, and Navy sailor Kristian Saucier, who is doing one year in prison for taking photos of a submarine, all of whom were convicted for less than what Hillary did using a private unsecured email server.  All three should be pardoned if Hillary is pardoned.

I would agree to pardon Hillary if Hillary admits that she used her position at the State Department to raise money for her foundation and to arrange speech fees and consulting fees for Bill and herself.  She must admit that she set up the private email server to keep private her dealings at the State Department.

In plain English, she tells the truth.

While an acceptance of the pardon is an admission of wrongdoing, given the extent of the scandals, Hillary should affirmatively admit what she did.  This is the same as a plea in criminal court where a defendant has to allocute, meaning she admits she violated the laws and admits that there are sufficient facts to establish guilt.  Also, since she and Bill profited in the hundreds of millions, she should have to pay to the U.S. Treasury the amounts directly attributed to the pay for play, which should be at least one hundred million.  The pardon would cover Hillary, Bill, and Chelsea, who were all involved in the foundation.

If Trump is asked whether Obama should pardon Hillary, then he should reply yes, provided she tells the truth and gives the money back.

In summary, if Hillary wants a pardon, she must tell the truth and make restitution to the U.S. Treasury for using her office for private gain.  We expect this of ordinary defendants every day in plea deals.  We should expect no less from Hillary and Bill.