He could use the approved James Comey excuse for Hillary that she didn’t “intend” to break the law. That makes everything okay.
That one makes me insane. “Intent” is *not* an element of the statute Hillary violated. It’s unique in that sense because most crimes do require the requisite *mens rea*, or mental state. But, this particular law does not.
If you look to legislative intent, which judges often do when interpreting a statute, the only reasonable conclusion is that the legislature considered the mishandling of classified documents to be so egregious that it justifies severe punishment whether intentional or just grossly negligent.