Sen. Tim Kaine (D., Va.) said at the vice-presidential debate on Tuesday that his son, as a member of the military, would not have been prosecuted had he handled classified information in the same manner that Hillary Clinton did with her private server.
When responding to Kaine's comments on what a Clinton administration would do about increasing cybersecurity, Gov. Mike Pence (R., Ind.) said it was important to note Clinton's disregard of security measures when it came to her private server.
"I will also tell you, it is important in this moment to remember that Hillary Clinton had a private server in her home that had classified information on it about drone strikes, emails from the president of the United States of America were on there," he said. "Her private server was subject to being hacked by foreign powers. We could put cybersecurity first if we just make sure the next secretary of state doesn't have a private server."
Kaine brought up that the Federal Bureau of Investigation declined to indict Clinton, citing that any prosecutor would have made this decision.
"You don't get to decide the rights and wrongs of this, we have a justice system that does that and a Republican FBI director did and investigation and concluded—" Kaine said before being cut off.
That's when Pence jumped in to say that had Kaine's son, or his own, done the same thing as Clinton, with regard to mishandling classified information, either of them would have been court marshaled.
"If your son or my son handled classified information the way Hillary Clinton did, they would be court-martialed," he said.
"That is absolutely false and you know that," Kaine said. "You know that."
FBI Director James Comey said Clinton was "extremely careless" with classified material.