Joseph DiGenova, a former U.S. attorney under President Ronald Reagan, told the Examiner in January that Lynch would have "no choice" but to indict Clinton if the FBI recommended an indictment. That recommendation would come in the form of a confidential memo, DiGenova said, but "the bureau will no doubt let it be known" that such a memo exists in order to increase the public pressure on Lynch to proceed with the case.
Most reports indicate FBI agents are looking into whether Clinton or her staff violated provisions of the Espionage Act that cover the treatment of sensitive information, an offense that can carry a sentence of up to 10 years in prison.
While a number of factors are at play in the unusual case of Clinton's emails, McCarthy said the former secretary of state could be looking at more than one felony charge.
"If it is as serious as it appears to be on its face ... this should be a multiple felony-count indictment and it should involve not only Mrs. Clinton, but whoever else in her circle at the State Department or wherever else knew that this activity was going on," he said.
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