The FBI and Justice Department's decision not to pursue criminal charges against Hillary Clinton despite her 'carelessness' in handling classified material has already made its way into a legal defense.

Michael Bowe, an attorney representing Marine Major Jason Brezler, is engaged in litigation with the government over his client's emailing of classified information in 2012 on a Yahoo account.

He made the link to Clinton almost as soon as FBI director James Comey announced that he would not recommend prosecution of Clinton despite her 'carelessness' with classified information on her private server.

'If the state department doesn't sanction Clinton, how can they ever sanction anyone' Bowe said in a statement.

Major Jason Brezler's attorney questions why his client faces discharge for sending classified materials while Hillary Clinton is avoiding prosecution

'The FBI has found that Secretary Clinton was 'extremely careless' in her handling of classified information by, among other things, intentionally setting up a secret home server housing highly classified information,' he said.

He cited President Obama's statement that Clinton's actions don't impair her 'excellent ability to serve.' Obama endorsed and supports Clinton despite the ongoing controversy over her server.

'If that is so, then the current commander-in-chief should apply the same standard to Major Brezler and all those serving throughout his administration who have been found unfit to serve for far far less alleged misconduct,' Bowe continued.

'And certainly, if Secretary Clinton becomes the next commander-in-chief, it would be completely hypocritical to declare others unfit for service based on alleged misconduct equal to or less serious than that she herself engaged.'

Although Brezler isn't facing criminal charges, he is facing government sanction for sending a classified briefing document from this private account in 2012l to Marines in Afghanistan warning about Sarwar Jan, an Afghan police chief.

SPECIAL TREATMENT? Hillary Clinton, who is weeks away from formally getting her party's nomination, has avoided prosecution for mishandling sensitive material

FBI Director James Comey defended his decision not to recommend prosecution despite Clinton's 'careless' actions

Brezler met with local eldersin Now Zad, Afghanistan

Brezler had kicked the man off a base two years earlier. Just 17 days after Brezler sent the email, a boy who was Sarwar's personal servant killed three Marines on the base, Marine Times reported.

A military board of inquiry recommended Brezler be discharged for sending the email and for removing material from Afghanistan for purposes of writing a book.

He is suing the government in federal court to reverse the decision.

Bowe told the Washington Post he intends to cite the Clinton case in court to make the argument that his client is facing excessive punishment.

The case has attracted media attention and congressional intervention. Representative Peter King of New York, Brezler's home state, in 2013 wrote the marine commandant at the time, Gen. James Amos, to protest the harshness of his punishment.

Clinton herself may have escaped criminal prosecution, but it isn't clear whether some of her top aides will go without sanction.

The State Department said Thursday it was reopening an inquiry into the matter now that an FBI investigation is concluded.

Current employees found to have mishandled Clinton's emails could get disciplined, and former employees found to have mishandled classified information could get a note put in their file that could keep them from working for the government in the future or getting a security clearance.