.
Comey's statement is worth rereading because many people remain ignorant of what was found. Although he used the words "extremely careless" to describe her and her staffers' handling of classified information in his statement, it's clear that "grossly negligent" was also fully appropriate - and of course the statute only requires "grossly negligent" handling (not intent) of classified information for commission of a felony violation of statute. Here is part:
For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails).
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.
Separately, it is important to say something about the marking of classified information. Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.
The entire statement was very scathing, and until the last few paragraphs, sounded like he was making a case for prosecution. And then he didn't recommend it. However, though he didn't recommend prosecution, he made it clear that persons that were handling classified information in such an extremely careless (grossly negligent) way would face consequences for it. Those would be loss of clearance (and that would have happened in a heart beat for me or any other of us little people with clearances) and most likely firing. In the military there isn't even the slightest doubt that she'd have face NJP at minimum and most likely court-martial. HRC's consequences were that she didn't get elected President, but she shouldn't even have been running at that point. The bottom line is that her email scandal was not even close to a "nothing burger" as some here erroneously continue to claim - it was a very serious matter and just about anyone not-Hillary would have faced serious legal and/or administrative consequences.
Despite that, Lord help me, I still preferred her to be President over Trump. The only caveat was that I couldn't possibly pull the lever for her unless I thought it would make a difference. I was confident it wouldn't and I didn't. I'm very satisfied with having no personal responsibility for the outcome of the election.