Rep. Louie GohmertLouis (Louie) Buller GohmertLive coverage: House holds first public impeachment hearing GOP lawmaker invokes possibility of 'civil war' after House votes on Trump impeachment procedures Why the GOP march of mad hatters poses a threat to our Democracy MORE (R-Texas) on Friday predicted the Obama administration will never indict likely Democratic nominee Hillary ClintonHillary Diane Rodham ClintonDemocrats ask judge for quick ruling on McGahn subpoena Hillary Clinton: 'Every day Stephen Miller remains in the White House is an emergency' The Memo: Centrists change tone of Democratic race MORE over her use of a private email server.

“When it comes to Hillary Clinton, Stuart, it’s become very clear this administration — and I’ve told you before — they’ll never indict her as long as she doesn’t say anything critical of the Obama administration,” he told host Stuart Varney on Fox Business Network’s “Varney & Co."


Gohmert said the investigation of Clinton's use of a private email server while secretary of State should be taken away from the Justice Department and given to a special prosecutor.

“I think it’s time for a special prosecutor,” he said. "The administration is now making clear they’re not going to appoint a special prosecutor.

“They like having that over Clinton’s head so she doesn’t criticize Obama,” Gohmert added.

“I’m trying to draft legislation right now that will create the ability to have a special prosecutor that is not selected by the executive branch. I’m working on that.”

The FBI formally confirmed last February that it is investigating Clinton’s email setup. FBI Director James Comey said in April that his agency feels no pressure to conclude its probe before the Democratic National Convention in July.

“The urgency is to do it well and do it promptly,” he told the Niagara Gazette. "And ‘well’ comes first. [I’m staying close] to this one to make sure we have the resources to do it competently.”

The FBI’s investigation into Clinton’s email arrangement at State is likely entering its final stages after many of the former secretary’s top aides were recently interviewed.

The federal investigation into Clinton’s server and the possibility that related classified information may have been mishandled have dogged her White House run.

Critics argue that Clinton’s private storage device marks at best poor judgment and at worst criminal behavior.

Clinton has repeatedly denied any wrongdoing, adding that she is fully cooperating with the FBI’s investigation.