As a legal technicality, on the basis that the evidence doesn't clearly meet the elements of 18 USC 793.
But he is duplicitous. He knows the facts make an easy 18 USC 1924(a) case.
He knows the talking heads will follow his 793 bait, which leads to a stalemate (in argument) at best, and could well result in agreement that Hillary's conduct doesn't meet 793.
Drain the swamp. This guy runs a department that can’t even connect the dots when someone is a blatant “look at me” terrorist.