Intent, intent, intent. It's all about intent.
Not prosecutable
Her INTENTION was to violate the rules by using a private server. Her INTENTION was to deceive the American public by destroying information. She INTENTIONALLY put classified, top secret material on an unsecured server. She INTENTIONALLY shared classified, top secret material to other unsecured devices.
Prosecutable!
The FBI director disagrees with you. I'll take his professional opinion over yours.
All these RW Wannabe Lawyers are now experts on the Law. FRIGIN HILARIOUS!