“...no way to extract himself...communication between the two of them, via her server...”
This is my take as well and has been all along.
RICO for sure - but Lynch won’t prosecute even if the indictment is recommended.
Let’s go with the RICO angle.
So suppose Lynch doesn’t charge PIAPS at all.
Under RICO, there is a way for private citizens to pursue a civil RICO action, yes?
So what if Comey drops all the evidence and a well financed private person (TRUMP) takes that evidence, hires a law firm, and files a civil RICO action against the Clintons, Obama, ValJar, DOJ, etc.
That process goes until Trump is sworn in. After that the new DOJ can step in and upgrade the case from civil RICO to criminal RICO?
Can this scenario happen? Got no clue.