I agree.
But Di Genova said, or implied, that the removal of the markings, by itself, was a crime. And I don’t think that is the case.
Removing the classification stamps should be part of the conspiracy charge.
Isn’t it the case that having a separate server is in itself is a felony?
By telling them to remove the headers, she was basically ordering the altering of a classified document, and reproducing it in a different form. That has to be a crime.
I remember when I was doing Civil War research at the National Archives, there were times that I'd come across paperwork that had "Classified" and "Do Not Copy" on them. Even though the documents were old, I would have to take them to an employee in the Reading Room to get their approval to make copies. I guess I could have done a Sandy Berger and just shoved them down my pants.