A House Republican predicted Tuesday that the FBI would likely stop short of recommending an indictment for Hillary Clinton over the email scandal, and guessed that the FBI would instead leave the decision to attorneys in the Justice Department.

"[FBI] Director [James] Comey is a pretty straight up guy, and I don't think he'll pull any punches," Rep. Louie Gohmert, a Texas Republican, told the Washington Examiner on Tuesday. "But I could also see him avoiding a controversy by just saying, here's all the evidence, it's not our job to indict, that's up to the attorney general. And so we're just laying out the evidence."

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"That's what I can see the FBI doing, especially in light of an election year, and then leave it to [Attorney General Loretta] Lynch and President Obama to decide not to indict," said Gohmert, who spent four years in the U.S. Army's Judge Advocate General's Corps before serving ten years as a state judge in Texas.

"I think there's plenty of evidence on which to indict her," Gohmert added. "If you can go after [General] Petraeus... they went after everything to try to go after him. "With Hillary, as long as she doesn't criticize Obama, I don't see her being indicted, even though the evidence is quite strong and it's very clear she should be indicted."

"But if she were to turn around and start criticizing Obama herself, I could see her being indicted very quickly," Gohmert said.

Clinton has been under investigation by the FBI for allegedly misusing a private server to handle classified information during her tenure leading State from 2009-13. When the investigation concludes, it has been widely expected that the agency would adhere to its standard procedure of making a recommendation to the Justice Department on whether to indict.

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In the event the FBI hands the evidence over at the end of the investigation without making a recommendation, it is unlikely the Justice Department would take any action. If that's the case, Gohmert said he would like to see the next administration take up the issue, provided Clinton doesn't emerge as the victor in November's presidential election.

"We have got to have a Republican president come in and say, this is a cesspool here in the executive branch, and we are going to clean it out, and we are going to prosecute those who need to be prosecuted, who've violated the law, and we are going to fire those who may not have violated the law but who are worthy of being fired," Gohmert said. "We have got to have a president who comes in and continues to investigate those who need to be investigated."