The Justice Department would stall any prosecution of Hillary Clinton until after the presidential election should the FBI recommend she be indicted for using a private email server as secretary of state, former House Majority Leader Tom DeLay tells"If the FBI recommends an indictment, the attorney general will appoint a special prosecutor. That gets this case all the way through the election," DeLay, a Texas Republican, said Monday on "The Steve Malzberg Show.""That's what I think is going to happen [It would be for] stalling purposes. That's how you get it past the election."that the FBI is planning on interviewing Clinton and several of her aides as it continues its probe into her home server operation and whether using it for government business violated federal laws."What it says to me is they are getting very close to the end of their investigation. Usually what goes on is they do their investigation, they're ready to proceed, and then they go after the target and bring the target in and talk to them," DeLay said."The timing … is right on schedule. They're right at the end of this investigation, they'll interview her … It looks like to me that the FBI will move and it's going to move soon."