A U of Michigan professor who wrote a manual on classification for the Dept of Homeland Security explains why. At great length.
http://prospect.org/article/why-hillary-wont-be-indicted-and-shouldnt-be-objective-legal-analysis
Why Hillary Won't Be Indicted and Shouldn't Be: An Objective Legal Analysis
There is no reason to think that Clinton committed any crimes with respect to the use of her email server.
Richard O. Lempert
March 20, 2016
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And this, from Dan Abrams:
http://abcnews.go.com/Politics/analysis-prosecute-hillary-clinton/story?id=38168118
But based on what has been public through the beginning of April, there doesn’t seem to be a legitimate basis for any sort of criminal charge against her. I fear many commentators are allowing their analysis to become clouded by a longstanding distrust, or even hatred of Clinton.
In fact, I recently expressed my view of this investigation to a friend who retorted "I didn’t know you are a Hillary guy." I guess there is almost no way to analyze this case without being accused of partisanship, but then please also mischaracterize me in this context as a Dennis Hastert guy, a George Zimmerman guy, a Brendan Dassey guy, a gun control guy and an anti-Obama guy (just to name a few).
Hillary-bashing is good clean political sport, but a federal criminal indictment is serious business, saved for serious crimes and hopefully based on serious evidence, which as of yet, has not materialized.
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And there is this piece, from Politico;
http://www.politico.com/story/2016/04/hillary-clinton-prosecution-past-cases-221744
The most serious punishment for security violations during that three-year period was firing, said Sharon Papp, general counsel of the American Foreign Service Association.
“Although, at the discretion of the State Department, some of these cases were referred to the Department of Justice, I do not know of a single State Department employee criminally prosecuted in a security violation or security revocation case,” Papp wrote in a declaration submitted by Keyser’s defense. “I am aware of no case in which a State Department employee who took classified material from its proper location [but did not disclose it improperly]… has been prosecuted.”
Several experts told POLITICO that in light of the legal obstacles to a case and the Justice Department’s track record in such prosecutions they are confident Clinton won’t face charges.
“Based on everything I’ve seen in the public media, not only don’t I see the basis for criminal prosecution, I don’t even see the basis for administrative action such as revoking a clearance or suspending it,” said Leonard, the former director of the Information Security Oversight Office.
“Looked at as a potential criminal case, this would be laughed out of court,” said William Jeffress, a Washington attorney on the defense team for former Bush White House aide Scooter Libby during his trial for lying in a leak investigation. “There hasn’t been any case remotely approaching a situation where someone received emails that were not marked classified, who simply receives them and maybe replies to them and a criminal prosecution is brought,” Jeffress said.
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