Lawyers seeking access to FBI records about Hillary Clinton’s private email server presented the Department of Justice with a dilemma on Monday when they filed a court document that may require the government to turn over the records or admit that the FBI investigation of the Clinton server is criminal in nature.

So far, the FBI has said that the Clinton email probe is an investigation, contrary to Clinton and Co.’s claim that it is a mere “security review.” But FBI Director James Comey last week declined to say whether the investigation is a criminal one.

Investigators are looking into whether classified information was mishandled on Clinton’s server.

In response to a federal lawsuit filed by Vice News reporter Jason Leopold seeking a variety of records related to the server, the government has claimed that it must keep the documents secret because they are part of a “pending or prospective law enforcement proceeding.”

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