More on Hillary Clinton's felonies. She held guilty knowledge to sustain 18 USC Sec. 793(e) charges

[Gothmog]

107. The applicable law requires either gross negligence or a knowing violation

Under the law, one is not guilty of a crime unless they have the culpable mental state which is also called mens rea. You have to know that the materials being released were classified and intend to release these materials. The material in question were e-mails that were not marked classified but were later re-classified. Most of these re-classified e-mails involve discussions of Clinton staffers about stories in the NYT about drones (which shows that the re-classification process is flawed).

The OP's attempt at a legal theory is that the fact that Sec. Clinton signed a non-disclosure agreement ("NDA&quot means that no culpable mental state is required. That analysis is simply dumb. In the Petraeus case, the general signed a dozen or so NDAs and the prosecution still had to prove that Petraeus had the culpable mental state. In that case, the binders given to the general's mistress were marked Top Secret and the general knew that the material was top secret. Even then, all of the general got was a slap on the wrist.

In the Clinton case, the material in question where not marked confidential
http://mediamatters.org/research/2015/08/12/myths-and-facts-on-hillary-clintons-email-and-r/204913

IG Memo On Classified Information In Emails: "None Of The Emails ... Had Classification Or Dissemination Markings." A memo from the ICIG clearly stated that "none of the emails we reviewed had classification or dissemination markings":

Since the referenced 25 June 2015 notification, we were informed by State FOIA officials that there are potentially hundreds of classified emails within the approximately 30,000 provided by former Secretary Clinton. We note that none of the emails we reviewed had classification or dissemination markings, but some included IC-derived classified information and should have been handled as classified, appropriately marked, and transmitted via a secure network. Further, my office's limited sampling of 40 of the emails revealed four contained classified IC information which should have been marked and handled at a SECRET level. [Inspector General of the Intelligence Community, 7/23/15]

The e-mails being discussed were retroactively re-classified. It would be impossible for a DOJ attorney to prove that Clinton had the culpable mental state to violate the law.

The analysis by the OP is the type of amusing analysis one sees from laypersons who do not understand the concepts being discussed. Lawyers enjoy watching laypersons get things wrong and here I admit that I have been very amused.