When it comes to classified data and records laws, yes you do have to prove intent. How do you form your thoughts? pictographs on cave walls?
You do not have to prove intent regarding criminal neglect parts of our classified documents laws.
You merely have to show that they had the training and stored the materials carelessly.....unless of course you are Hillary Clinton.
Actually you do have to show criminal intent for a full blown court case, that is why there are so few of them. Mishandling due to being careless merely gets you fired and/or fined. I think the courts want it that way or else they would have too many cases. Never saw anyone intentionally betray us, but people being what they are will get careless, especially when you see classified daily. For instance leaving a confidential on your desk overnight gets you a visit with the boss, do it about 3-4 times and you are fired.
I saw a guy get fired for accidentally having a cell phone with him in a top secret meeting, court case? no. Hillary did far worse than that, and having the server was a clear violation of policy even if she never intended to have classified on it. What SHOULD happen is that Obama and Kerry slap her down really hard, and she should be banned from any future classified.