[jazminerose]

No. Gross negligence under the federal statute is enough for a felony conviction.

What the director described perfectly fits the definition of gross negligence.

[Enchante]

Comey described grossly negligent activities for 10+ minutes and then declined to recommend prosecution. If he really had any guts he would have said,

"DOJ prosecutors may hesitate to bring such a complex case against a presidential candidate, but the facts are clear: Hillary Clinton behaved with gross negligence on numerous occasions wrt to top secret and secret information. She must be prosecuted to uphold the rule of law and protect the essential national security interests of the USA."