The President, acting through the AG, has broad discretionary power to convene or not convene a Grand Jury, and, once convened, to present or not present evidence to it.
The FBI, like all components of the Executive Branch, takes orders from the President.
So, no crisis of a constitutional nature could be created in this case, whatever Obama does with an FBI referral.
Nonsense. If the FBI recommends an indictment with Comey feeling so strongly about it that he resigns because DOJ refuses to prosecute, then we will have a Constitutional crisis.
The proposition that we are all equal under the law, the very foundation of our Republic, will be shattered. You can bet that the Rep controlled Congress will express outrage along with the majority of the public.
What happens if the leaked details of the case not only include Clinton and her staff knowingly transmitting and storing classified information on her server, including removing the classified markings, but also, that Clinton traded favors for contributions by foreign governments to her Foundation?
We really don’t know if the FBI recovered the emails Hillary erased. Their could be far more involved than just mishandling classified information. If Obama and DOJ are seen as protecting the Dem nominee for President from prosecution and the FBI Director resigns, we will have the biggest Constitutional crisis since Watergate.