Clinton had three emails that were not marked classified and were later deemed classified without her knowledge. There was no gross negligence or other conduct that was remotely criminal
https://abcnews.go.com/US/fbis-trump-investigation-hillary-clinton-email-probe-heres/story?id=89069046&cid=social_twitter_abcn
As more details emerge about why the FBI decided to raid former President Donald Trump's Mar-a-Lago estate earlier this month, both Trump and his allies are increasingly suggesting the FBI is treating him differently than it treated Hillary Clinton, who avoided charges for her use of a private email server as secretary of state......
"James Comey read off a list of all ... Hillary Clinton's crimes, only to say that no reasonable prosecutor would prosecute," Trump said of the former FBI director in a social media post this past weekend.
But a review of government documents from both investigations suggests there are key differences between the evidence uncovered in Clinton's case and the evidence already publicly documented in the Trump investigation.......
To charge any of them with violating 793(e), prosecutors would have had to prove beyond a reasonable doubt that Clinton or her aides acted "willfully" and "with the intent to do something the law forbids," the Justice Department's inspector general said in its report on the case.
Prosecutors determined that the evidence and facts of Clinton's case showed "a lack of intent to communicate classified information on unclassified systems," especially since "[n]one of the emails Clinton received were properly marked to inform her of the classified status of the information," and investigators found evidence that Clinton and her aides "worded emails carefully in an attempt to 'talk around' classified information," according to the inspector general's report.
"There was no evidence that the senders or former Secretary Clinton believed or were aware at the time that the emails contained classified information," prosecutors concluded, according to the inspector general......
Witnesses in the Clinton case told investigators they "expected that any emails sent to a state.gov address would be preserved" -- and many of those emails were acquired from other devices -- so "there was no evidence that Clinton or anyone else" intended to conceal, remove or destroy the emails from government systems, the inspector general said.
In addition, federal prosecutors concluded that, unlike the electronic communications underpinning Clinton's case, "every prosecution under Section 2071 has involved" the "physical removal" or destruction of a document, the inspector general said.
There is no real comparison between the Clinton and TFG cases
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