Prosecution is an executive function. If Congress disagrees in this matter (and surely they do not), they can remove Obama. Furthermore, they can impeach Hillary Clinton and impose disqualification from future office as the penalty.
The crisis is that the enemy is inside the wire. That's a MILITARY crisis, not a constitutional one.
Constitutional crisis: "A constitutional crisis is a situation that a legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government. Often, generally speaking, a constitutional crisis is a situation in which separate factions within a government disagree about the extent to which each of these factions hold sovereignty. Most commonly, constitutional crises involve some degree of conflict between different branches of government (e.g., executive, legislature, and/or judiciary), or between different levels of government in a federal system (e.g., state and federal governments)."
"A constitutional crisis may occur because one or more parties to the dispute willfully choose to violate a provision of a constitution or an unwritten constitutional convention, or it may occur when the disputants disagree over the interpretation of such a provision or convention. If the dispute arises because some aspect of the constitution is ambiguous or unclear, the ultimate resolution of the crisis often establishes a precedent for the future. For instance, the United States Constitution is silent on the question of whether states may secede from the Union; however, after the secession of several states was forcibly prevented in the American Civil War, it has become generally accepted that states cannot leave the Union."
"A constitutional crisis is distinct from a rebellion, which is defined as when factions outside of a government challenge that government's sovereignty, as in a coup or revolution led by the military or civilian protesters."
If Congress disagrees in this matter (and surely they do not), they can remove Obama. Furthermore, they can impeach Hillary Clinton and impose disqualification from future office as the penalty.
A burglary turns into a constitutional crisis Watergate break-in: June 17, 1972
I expect the GOP-controlled Congress to get heavily involved if the FBI recommends an indictment and the DOJ refuses to prosecute. No doubt, the specifics of the case will be leaked fueling the firestorm. The mission statement of DOJ is as follows:
To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.