Read the timeline - the government compelled Hillary to hand over both the server and emails.
https://en.wikipedia.org/wiki/Hilla...roversy#July_2015_.E2.80.93_Security_referral
July 2015 – Security referral
The State Department and Intelligence Community (IC) inspector generals' discovery of four emails containing classified information, out of a random sample of 40, prompted them to make a security referral to the FBI's counterintelligence office, to alert authorities that classified information was being kept on Clinton's server and by her lawyer on a thumb drive.[99][100] As part of an FBI probe at the request of the IC inspector general, Clinton agreed to turn over her email server to the U.S. Department of Justice, as well as thumb drives containing copies of her work-related emails. Other emails were obtained by the United States House Select Committee on Benghazi from other sources, in connection with the committee's inquiry. Clinton's own emails are being made public in stages by the State Department on a gradual schedule.[112][113][114]
Clinton's IT contractors turned over her personal email server to the FBI on August 12, 2015,[18] as well as thumb drives containing copies of her emails.[115][116]
In a letter describing the matter to Senator Ron Johnson, Chairman of the Senate Homeland Security Committee, Clinton's lawyer David E. Kendall said that emails, and all other data stored on the server, had earlier been erased prior to the device being turned over to the authorities, and that both he and another lawyer had been given security clearances by the State Department to handle thumb drives containing about 30,000 emails that Clinton subsequently also turned over to authorities. Kendall said the thumb drives had been stored in a safe provided to him in July by the State Department.[117]
