FBI director Comey would have determined he didn't intend to break the law and that he was extremely careless but not grossly negligent. He would have also determined that no reasonable prosecutor would bring the charges. But they didn't ask Comey. I'm not really sure what you are asking me here... do you want me to try and adjudicate a case that has already been tried and a conviction made after the accused served his time? It's kind of similar to asking someone to make the argument for why the Titanic is unsinkable.... isn't it? In the end, you can call him "convicted felon" but we can say the same thing about Bill Clinton who was found guilty of perjury, impeached and disbarred. It's all semantics.