All true. However, he may actually be able to plead error/ignorance/convenience if she initiated and he was merely replying to sender.
The key to Cankles' many crimes is she deliberately set up the server to circumvent oversight & controls. From this platform she was able to establish a shadow office, including scheduling for foundation business (aka pay offs).
The degree of premeditation and shear scope of the project is what puts it over the top. Run of the mill corruption seems to always get a pass; BHO is probably in that category.
Still, this is of course is all speculation, but it appears he's trying to get out clean while hanging the Witch.
Unless of course her emails were addressed to barack@bhoemail.com