and this is a big but and that is that I don't think the Senate and House Republicans will ONLY choose to refer it to the FBI and then the DOJ. (we know what the likely outcome of that based on the last bogus moves they pulled.

I am just speculating here, but what I would do, and what I think Congressional Republicans will do is invoke a charge of "Contempt of Congress." in addition or as a substitution.

So let's take a quick look at Contempt of Congress (Not the contempt that we hold for them, but the legal one).

Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a senator or representative was considered contempt of Congress. In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a Congressional committee or subcommittee—usually seeking to compel either testimony or the production of documents.

By doing so, this would allow Congress to significantly reduce the DOJ and FBI's role in the equation by directly compelling the U.S. Attorney into impaneling a Grand Jury.

Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia;[10] according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action.

Notice the "Duty" in there? It does not appear to leave them the discretion to decide not to if I am reading this properly.

What is also interesting, particularly from an optics perspective, is that they could actually ARREST Clinton and detain her for whatever punishment the chamber may decide is warranted! Even if she managed to shrug this one off as well with her Teflon Pantsuit, the public perception would absolutely decimate what little favorable ratings she retains.

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation).

This isn't some obscure old law that they someone like Comey could just blow off as not being practiced, this is a method that has been repeatedly used by congress over the years (Including once with Janet Reno, Who was it that appointed her again?)

The most directly relevant case that I can find took place back in 1983, the House of Representatives held Rita Lavelle, Administrator for the EPA in Contempt of Congress for lying under oath. The Attorney General impaneled a Grand Jury as was required, and Rita Lavelle was convicted and sentenced to serve 6 months in jail (of which she did 3) as well as 5 years probation and a $10,000 fine. As these two cases are quite similar it wouldn't be unjustified for them to enact the same sanction against Clinton, if not even a stronger one as her offense was much greater than Lavelle's from what I recall so there is indeed ample precedent here, at least in my non-attorney judgement.

I would be surprised if Gowdy doesn't have this option rolling around in his mind.

That being said, I find it doubtful that the Republicans will engage in such an action before she is the Nominee, it would be much better for them strategically to do so after the Democrats have completed their convention as then they would be able to campaign against a deeply wounded candidate and Party unless Hillary was to withdraw and we all know her ego and hubristic nature would preclude such an act.

That is, unless they think they would stand a better chance against Sanders, and while they might be ignorant assholes, they are not fools, and it would indeed take a fool to think that ANY republican would fare better against Sanders than Clinton.

IANAL and if we have any here that could chime in I would love to hear their perspectives on this because it is quite possible I am missing something due to not having any practical experience in this area, my suppositions are based only on what I have been able to glean via my tendency to compulsively research any topic that grips my attention.

All I can say is you may want to stock up on 50 pound sacks of popcorn and a pallet of your beverage of choice because these next few months are gonna be a real shit show.