No in the case of classified material, it is a crime to be incompetent. The only burdon of proof is that the disclosure in some way harms the United States, and

No in the case of classified material, it is a crime to be incompetent. The only burdon of proof is that the disclosure in some way harms the United States, and that the disclosure was knowingly and willfully done. She knew she had and E-mail server doing state business, She willfully continued to use it and no precautions were taken to ensure classified information was not sent over it, and in some cases she willfully altered documents without properly declassifying them. Its a pretty clear felony.