lets be clear...
she was guilty but she is not being prosecuted.
did you read what comey said...
http://www.mediaite.com/online/fbi-hillary-clinton-broke-the-law-we-just-dont-really-care/
Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally
or in a grossly negligent way.
…only to later say this.
Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information,
there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.
For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters.
There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. None of these e-mails should have been on any kind of unclassified system…
Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.
The key words in that second bolded section by the way are “any reasonable person.” As any 1L student could tell you, the “reasonable person” standard is the exact test used by American judges and juries to determine whether or not someone is guilty of gross negligence. It’s not an exaggeration to say that Comey literally laid out the exact argument law enforcement would have made for prosecuting Clinton. I also predict the FBI press team will receive dozens of questions in the coming months asking why “extremely careless” and “grossly negligent” aren’t the exact same thing given that, you know, they’re the exact same thing.