From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification.
So the FBI admits that there were at least 8 emails sent as TS on the unsecured server. Many more contained classified or secret information. These do not include "up-classified" emails, as that would be a bit unfair to include.
None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.
So open admission that they were housed, knowingly, on a insecure server.
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.
Intent to violate the law would never fly for you or me. You either did or you didn't break the law when it comes to criminal actions like this. Already using weasel words. Besides, the case seems to reflect what would happen to anyone under US Title 18 Sec 793 Part F. Possibly part E.
To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.
In case you missed it
To the contrary, those individuals are often subject to security or administrative sanctions.
And there it is. "We aren't looking into THAT matter, but yeah, if someone does what she did, there is a very high chance of security or administrative sanctions". Even though most people would end up being jailed under the previously listed law, or have their security clearances revoked and unable to be reinstated.
To set the record straight - Donald Trump is a tool. He should not be president. It was a bad move on the party's part. But so was nominating Clinton. This whole election is a shitshow.