[rawcatslyentist]

It wasn't negligence after the NSA ordered her to stop using private servers.

It then became willful criminality.

[combat_boots]

It wasn't negligence after the NSA ordered her to stop using private servers. It then became willful criminality.

[tumblindice]

A crime is the joint union of act and intent.
All the statute required was an act or failure to act which breached a duty of care, here—gross negligence.
As you say, once she refused to stop using private servers it went beyond gross negligence or recklessness.
It was a crime, and she walks because the nation’s chief investigator is an Obama stooge.

Fidelity
Bravery
Integrity ...... one out of three ain’t bad.