Which brings up another question. If HRC had used two email accounts, and Podesta or others of her confidantes outside of the government had communicated with her on the private one - not subject to FOIA requests - would that have been fine?
Because that's what I think she used the private email server for. Like she said, anything sent to her from inside the State Department was archived there and available for FOIA requests. But private stuff with personal acquaintances - even if potentially related to her work at State - was not (yes, there are gray areas). I'm sure her haters would not like that - and wouldn't accept her explanations in any case, but given that she could've accomplished what she wanted by carrying two devices, I'm inclined to believe her 'convenience' argument. Sure, she was trying to shield stuff from FOIA - but is that illegal if it's not official stuff?
If the 'two account' solution was legal, then she's guilty of stupidity, hubris - or both. But in any case, the 'classified documents' argument is mostly a red herring. Technically illegal - though without being properly marked (or even classified yet), another gray area). Still, if they'd been sent to or from her State Department account, nobody would've (or should've) batted an eye.
She shot herself in the foot by trivializing the issue and saying she was worried about Chelsea's wedding plans. She should've been honest and said, "I talk with and solicit advice from a large range of trusted friends outside of the Government, and I want them to be able to speak frankly". That was Cheney's defense in refusing to release minutes of his energy commission - which was official government business. Those minutes from those pre-9/11 sessions might well contain discussions of deposing Saddam Hussein from Iraq to get their oil back on the market, but apparently we the public don't have the right to know that...