it is only up to Lynch - however on a huge case like this, you have to think Obama will pressure Lynch if she is not leaning his way. Crazy set of circumstances though - if no indictment or special prosecutor is named, then the Obama admin is just trashing our entire intelligence system. I can't emphasize what a huge sh#t-storm this would cause within the federal govmt.
The thing is: O had to have known about her home brew server, so he’d be implicating himself at the same time. Obfuscation into eternity is what will happen.