Gowdy addressed the intent element of one of the pertinent statutes but dropped the ball, perhaps intentionally for someone with his experience, with regard to the "gross negligence" aspect of the more important statute.
Comey was careful to not use the statutory phrase, "gross negligence" in his statement, but rather described Clinton's behavior as "extremely reckless".
That distinction, or lack of distinction and the relevant federal decisions is were the legal battle should have been, but Gowdy ducked.
One of the elements of res mensa is recklessness. The precise definition of recklessness has been contested and has evolved. It generally involves a person pursuing a course of action while consciously disregarding the fact that the action gives rise to a substantial and unjustifiable risk.
That’s what she did.