This is the basic problem with trying to nail someone on a security violation whom the POTUS chooses to protect.She and Obama also had an agreement about her/Bills fundraising operations while she was SoS. Trouble is, according to the Constitution, only Congress can make that call:
The Clinton Foundation and the honoraria to Bill for speeches, both paid by foreign governments, are the thinest veils for corruption. At a minimum the Clintons and their foundation should disgorge all foreign government money.
- Article 1 Section 9:
- No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state
The speaking fees were paid to Bill after he left office. That’s how they’ll skate on that, unless there’s evidence in the emails that there was some quid-pro-quo from Hillary while she was SECSTATE.
Even if it doesn’t rise to the level of prosecution, the stench of corruption might be enough to keep her from becoming President.