The statute in question does not require intent. It requires gross negligence. The FBI Director said she demonstrated extreme carelessness. It seems to me that there is no difference between that and gross negligence. Further, it also seems to me that Petraeus pled guilty to a misdemeanor for a far less serious violation. Clearly, this decision was influenced by Hillary’s status as the presumptive nominee of the Democrats. However, this may be a blessing in disguise from a political perspective. His statement damages her significantly. She is now a much more unsatisfactory nominee. Had she been indicted, the Democrats would have been forced to advance another candidate who might actually have had a better shot at winning the election than Hillary.
The FBI interviews her on Saturday(!) and the next business day the FBI announces “no indictment”.
This is illegitimate on it’s face.