The Espionage Act. In particular:
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
Since nothing that she received was classified secret or top secret until after the fact, that means nothing was on the top secret compartmentalized server at the time she received copies of these emails for her to ''remove from it's proper place'', there is NOTHING in your statute to charge her with.... that's clear as day.
That's not what the law says. It just needs to be related to national defense. Considering that hiLIARy's job was Secretary of State, her work correspondence often concerned national defense. Her homebrew server definitely falls into the category of gross negligence. You can keep up with the Clintonian Spin, but if less powerful people did what she has done, they would be in jail.
Read it again... these things MUST BE REMOVED FROM IT'S PROPER PLACE....that ''proper place on Classified SECRET or TOP SECRET'' is the Top Secret system that holds all high level classified information...which is not accessible to email or the internet...the high level classified information that she received, was not on this classified secret or top secret system, and was not classified such, until after she got copies of them. (And even though it doesn't really matter because the emails were not marked as top secret at the time, there is no proof her server was hacked and this information got in to anyone's hands...)
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—