According to court documents, Nishimura was a Naval reservist deployed in Afghanistan in 2007 and 2008. In his role as a Regional Engineer for the U.S. military in Afghanistan, Nishimura had access to classified briefings and digital records that could only be retained and viewed on authorized government computers. Nishimura, however, caused the materials to be downloaded and stored on his personal, unclassified electronic devices and storage media. .
And the statute only applies to materials that are labeled classified -- not to items retroactively deemed classified for the purpose of FOIA.
http://prospect.org/article/why-hillary-wont-be-indicted-and-shouldnt-be-objective-legal-analysis
The statute also provides a definition of what constitutes classified information within the meaning of the subsection described above: “lassified information, means information which, at the time of a violation of this section, is specifically designated by a United States Government Agency for … restricted dissemination.”
Again, the most important words are the ones I have italicized. First, they indicate that the material must have been classified at the time of disclosure. Post hoc classification, which seems to characterize most of the classified material found on Clinton’s server, cannot support an indictment under this section. Second, information no matter how obviously sensitive does not classify itself; it must be officially and specifically designated as such.
Obviously, you couldn't be troubled to read analyses that conflict with the right-winger sources that say otherwise.
Colin Powell used a private AOL account for all his government email. That private AOL account had exactly the same legal standing as Hillary's private server-based account. Neither one was equivalent to the .gov accounts, which no Secretary of State used prior to Kerry.
Your concern is noted. Sorry to disappoint!
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