Yes, but...
This is a preemptive attack, to immunize Hillary in advance. Team Hillary knows this will be brought up again during her campaign. When it does, they can say this was investigated over and over again and no charges were ever brought. It's old news, done to death, and it's time to "move on"
Sound familiar? It should, Team Clinton used this strategy with Whitewater, Paula Jones, Juanita Brodderick, etc.
Then, why would the New York Times spend that much effort and ink trying to make the point that it wasn’t Al Qaeda who murdered Americans in Benghazi? Why not a story actually defending Hillary Clinton?