[semimojo]

Creating and using the private server shows intent. She went out of her way to break the rules.

Hard to argue that. I just don't think it was the rules on classified data that she was trying to dodge.

[MortMan]

Think of it as at least a two-fer.

In order to peddle access (to the email, which begets access to her, which begets...) she had to skirt the classified data rules. The classified data lawbreaking is much easier to establish, and once established it actually serves as evidence in the more serious offenses.

JMO, and I am no lawyer - just an engineer with a concentration in psychology.