Okay, I'm about to lay the smack down on the OP here (note this isn't a threat of violence).
1) There was a failure by the State Department to keep the emails secure. Under The Federal Recordkeeping Act, agencies are supposed to have safeguards which prevent records from being removed, however as seen here, that did not occur:
Under 44 USC §3105
§ 3105. Safeguards
The head of each Federal agency shall establish safeguards against the removal or loss of records the head of such agency determines to be necessary and required by regulations of the Archivist. Safeguards shall include making it known to officials and employees of the agency--
(1) that records in the custody of the agency are not to be alienated or destroyed except in accordance with sections 3301-3314 of this title, and
(2) the penalties provided by law for the unlawful removal or destruction of records.
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2) Under 18 U.S.C. § 2071, she committed a crime simply by retaining the emails and conducting official business from a private server, the emails of which are Government property under law:
"(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States."
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3) She, as Secretary of State, also violated federal regulations by failing to report her own concealment of federal documents belonging to her Department on a private server, and retaining such records after stepping down from her post:
34 CFR §1230.14
"The agency must report promptly any unlawful or accidental removal, defacing, alteration, or destruction of records in the custody of that agency to the National Archives and Records Administration, Modern Records Programs (NWM), 8601 Adelphi Road, College Park, MD 20740-6001, phone number 301-837-1738.
(a) The report must include:
(1) A complete description of the records with volume and dates if known;
(2) The office maintaining the records;
(3) A statement of the exact circumstances surrounding the removal, defacing, alteration, or destruction of records;
(4) A statement of the safeguards established to prevent further loss of documentation; and
(5) When appropriate, details of the actions taken to salvage, retrieve, or reconstruct the records."
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34 CFR §1222.24 (a)(6)
"(a) Agencies must ensure that procedures, directives and other issuances; systems planning and development documentation; and other relevant records include recordkeeping requirements for records in all media, including those records created or received on electronic mail systems. Recordkeeping requirements must:
(6) Include procedures to ensure that departing officials and employees do not remove Federal records from agency custody and remove nonrecord materials only in accordance with §1222.18."
This, my friends, makes Hillary Clinton legally liable. If they can charge General Patraeus for this, then she is just as easily culpable. The whole system is designed to maintain file integrity, those who claim she didn't break the law are suggesting the law is anamorphic in nature and gives her some leeway in this issue, which is false.
