The FBI and intelligence community "would go ballistic" if there's no indictment in the case of former Secretary of State Hillary Clinton's use of her private email server to conduct government business, former federal prosecutor Joseph diGenova tells
Newsmax TV.
In an interview with "Newsmax Now" hosts John Bachman and Miranda Khan on Friday, the former U.S. Attorney in the District of Columbia says the FBI will wrap up its probe of Clinton's email use in the next two to three months.
"This case is about the future of enforcement of classified information," diGenova declared. "[Clinton] has gotten a pass up to this point on any accusation being made public. But those days are going to be short lived."
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DiGenova says he expects a "compelling case with unassailable evidence" proving Clinton's use of private unencrypted devices "compromised inner documents and transmissions" – some of which were "top secret."
But it will be Obama administration-appointed Attorney General Loretta Lynch who will make the decision on whether or not to bring an indictment, he notes.
"And if the attorney general were to decide that there would not be an indictment, I can assure you that the FBI and the intelligence community would go ballistic," he declared.
The only reason she would not prosecute, he asserts, "will be political."
"I don't believe she can do that under the law and if she does turn it down, [FBI Director James] Comey and the bureau and the director of Central Intelligence and [the National Security Agency] will do some incredible leaking that will burn your ears," he said.
DiGenova insists the record already shows there was "unequivocally" a violation of federal law in Clinton and her staff's use of private emails while she served as head of the State Department.
He added, however, that the intelligence community and FBI "are very concerned that there must be charges in this case because if not, they will never be able to prosecute any other federal employee for negligently handling classified information."
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