Yep. Every year I'm forced to go through a "refresher course" that includes reminders not to send classified material through email, you morons. Complete with the world's simplest multiple choice quiz to prove that I did, in fact, understand that "don't send classified material through email" means "don't send classified material through email." (Along with a whole bunch of other silly things, like "do you give that hot lady at the bar classified information so she'll sleep with you? A) Yes, I'm David Petraeus, B) No, I understand that classified material can only be given to others in a very specific set of circumstances.")
I thought everyone with a clearance was supposed to take some form of training class but I'm betting Hillary Clinton somehow, for some reason, managed to skip it and that's why they can't show "intent."
I'm also betting that the real reason that "no reasonable prosecutor" would indict is because they don't want to risk the chance of losing the case or it going all the way to the Supreme Court. Because you know that, Hillary Clinton being a lawyer, such a case would drag out for years. Would you want to the prosecutor that derailed the campaign of the who might have been the first woman president, only to end up with an acquittal? Or, worse, with the case going to the Supreme Court and a precedent being set that, yes, you in fact do need clear criminal intent to prosecute? Your career would be over.
That's the major issue - apparently the statutes are vague enough that it's possible Clinton could successfully argue that as there was no clear criminal intent, she can't be charged. And nobody really wants to test it - so she skates instead.
And we're already moving on to the inevitable Phase Two of this whole thing, where her aides that set up the server and were forced to use it as the only way to reach her get their careers ended as the State Department punishes them for Hillary Clinton's misdeeds.