Talk of Clinton Indictment Fueling Legal (But Mostly Political) Questions

Mike Allen’s Playbook leads with Peter Baker’s comments on CNN: re Hillary emails: “Her problem at this point is NOT the Republicans. Her problem is the FBI and the Obama Justice Department. And what Democrats are quietly, absolutely petrified about is that come summer, … you find an indictment of people around her, of her, or a request for a special prosecutor — SOMETHING that just basically turns this into a complete DISASTER for the Democrats in which it’s too late to change horses.”

I’m hearing more talk from Republicans convinced that there will be such an indictment. Seth Barrett Tillman has even blogged on what happens if such an indictment strikes at various points in the election. Tillman’s post got Jack Balkin’s attention, who says that the general issue deserves some academic attention.

Perhaps so. But this seems much more likely to be a political problem for Clinton than a legal one, given indications from the White House that no indictment appears in the cards. The immediate political question will be whether Bernie Sanders comes down heavier on this issue. At first he said no more about the “damn emails,” and now he said that it its a “very serious issue.”  But whatever Sanders throws will be much less than what I expect to see from Republicans after Clinton gets the Democratic nomination.

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