Forget about the October Surprise, a news event deliberately created or timed to influence the outcome of an election, particularly one for the presidense. The DOJ will be making its September Surprise: Hillary Clinton will be indicted for mishandling classified information. Specifically she will be tried for willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. Intent is not necessary.
The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.
The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation.
The DOJ is in a tight spot: not indicting Hillary risks the wrath of the CIA. There is precedence: Ex-CIA Director John Deutch. If Lynch refuses to prosecute Hillary, GOOD LUCK DOJ TRYING TO INDICT ANY OTHER GOVERNMENT EMPLOYEE FOR SIMILAR CRIMES. And if she does prosecute Hillary, good luck blaming it on a left-wing conspiracy - that is the Obama DOJ. Joe Biden will send you some nice parting gifts. Hillary could still run and she would be able to keep her security clearance if she is elected. But who would vote for someone for president under indictment?