The whole “not classified at the time of sending” thing is misdirection. The WaPo published that as a question to be asked. And what a coinkydink - Hitlery answered it.
There is a legal loophole there. Like what the definition of “is” is.
My guess at the loophole is this. Say I am SOS and I write some new memo, letter, email, etc., that is Top Secret. “Technically” it may not be classified until I (or someone) decide what level classification it should have and then add the markings to it. If I write “We are going to start bombing the Russians at 2 a.m. on Jan 1, 2015” at which point does it become classified? “We are going to start” is obviously not classified.
If you watch very carefully, most of the Democrats lie in such a way that prosecuting them would be difficult because of the way they word things. They don’t say things like “I have never cheated on my wife.” They say things like “My wife trusts me.” (That has no bearing on whether or not I’m having an affair. My wife is just as dumb as the average democrat.). “I am not having an affair with Jane Doe” (because it’s someone else or because the affair is over at this time). “I have never had sex with Monica Lewinsky” (because I don’t define anything except intercourse as “sex”).
Well put! The misdirection will be directed at the public, while the vagueness will be used to hamper questioning and fact finding.
Hillary Clinton and her people are true geniuses at this (they’ve had practice).