Clinton (and every one of her staff that signed an SF-312) should have been indicted for mishandling classified information. No intent is required.
But, there was clearly intent: there was classified information, and it was sent outside secure channels. Hillary even forwarded one Confidential message to Chelsea.
Not marked classified? It doesn't matter. The Secretary of State and her delegates have Original Classification Authority. It's their job to know the classification guidelines.
Then like nearly other case, offer a plea deal for a misdemeanor charge of unlawful removal or retention of classified information. That eliminates the need to expose classified information in an open court.
This was an open-and-shut case. If they hadn't dragged their feet "investigating" (with no grand jury, no warrant, infinite immunity deals), the FBI could have finished their work and indicted everyone involved long before the primary season.
Comey could have found a US Attorney with jurisdiction to empanel a grand jury and issue all the warrants and indictments, if the political appointees in DC balked. But, he didn't... because he is part of the "fixers" that made sure "the fix is in".
There is plenty of blame to go around. But, the FBI could have done their job and left the politics to the politicians. Since they didn't do it, there will forever be a stain on their reputation.
If I may, I’d like to add that not only was there intent to place classified information on an unsecure server in open emails, but a real investigation would uncover the fact that Hillary purposefully put the information on a system where it could easily be accessed by those for whom it was intended. There is no doubt in my mind that Hillary was not, as Comey put it, “extremely careless”, but guilty of espionage. And, like most American spies from the past, she did it for money.
If I may, I’d like to add that not only was there intent to place classified information on an unsecure server in open emails, but a real investigation would uncover the fact that Hillary purposefully put the information on a system where it could easily be accessed by those for whom it was intended. There is no doubt in my mind that Hillary was not, as Comey put it, “extremely careless”, but guilty of espionage. And, like most American spies from the past, she did it for money.