Military personnel charged with mishandling classified information are citing the “Clinton defense” — saying that if they didn’t intend to do harm, they should get off just like the secretary of state did.

“It muddies the water,” said Greg Rinckey, an Albany military defense attorney, who cited the Clinton case in his defense of Kristian Saucier, a former Navy machinist who was sentenced Friday to a year in prison for taking photos of a submarine’s interior.

FBI Director James Comey said on July 5 that Clinton’s lack of criminal intent was enough to save her from prosecution.