Donald Trump said Monday night that he believes Hillary Clinton will likely get away with her use of a private email server while she was secretary of state, but said that as president, it's only fair that he'd look to prosecute Clinton.

Fox News' Sean Hannity asked Trump in front of a live Nevada audience if his attorney general would go after Clinton should an investigation find she broke the law while serving in the Obama administration.

"You have no choice," Trump replied. "In fairness, you have to look into that."

"She seems to be guilty," he said. "But you know what, I wouldn't even say that."

"But certainly, it has to be looked at," Trump added. "If a Republican wins, if I'm winning, certainly you will look at that as being fair to anyone else. So unfair to the people that have been prosecuted over the years for doing much less than she did."



Hannity asked if Clinton might be running to help ensure that a Republican doesn't prosecute her for how she allowed classified information to be routinely sent around on her non-secure server, and Trump agreed that Clinton is running the race of her life for that very reason.

"So she's being protected, but if I win, certainly it's something we're going to look at," he said.

The self-funded candidate criticized how the government has gone after other leaders like former CIA Director David Petraeus for lesser crimes, but has not followed suit against Clinton.

The billionaire business mogul explained the statutes of limitations would still allow him to prosecute Clinton for any crimes she committed from 2009 to 2013.

But Trump said he wouldn't wait until January 2017 to begin his prosecution, motioning toward the summer and fall months as prime time for non-legal attacks on her, regardless of who wins the nomination.

"If I'm the nominee, this is not gonna be a subject that's gonna die down very easily," said Trump.