Actually, the truth is almost anyone can determine whether something should be classified. That's the point I tried to make. Anyone! That's of course why there are thousands of government documents that are classified that don't need to be. It is also why there could easily have been something sent to Hillary's server that should have been classified that wasn't -- i.e., nobody bothered. Documents that are classified are stamped, identifying their level of classification. (The popular ink color is 'red'.) If they are not stamped, they are not classified. That may seem primitive, but that's government life for you. I wouldn't lose sleep over this if I were you. It appears at this point that there were no classified documents sent to the Secretary's personal server, merely some that maybe should have been. Some were apparently classified later. I know how difficult it will be for you to accept this. But it does not look at this point that she broke any laws. Sadly, we are still, though some dispute it, a nation of laws. Bummer. What that means is that no matter how naughty and horrible you have behaved you're not likely to get indicted unless a law can be identified that you actually broke. I sincerely hope I haven't ruined your life by telling you this.
You are referring mostly too rules rather than statutes. I'll change my mind, of course, if you can site a single case were there was a conviction involving "the use of retroactive classification" . Good luck!