The United States FBI hasn’t decided to file formal charges against Hillary Clinton in her e-mail scandal, the brouhaha over the e-mail server, will never be over (at least, not until the election season is kaput in America). The FBI formally declared that “no charges would be recommended for Hillary Clinton on grounds that her use of e-mail servers did not constitute criminal charges”.
But, uh, one could probably expect one sentence will ring across the mouths of GOP’ers and conservatives until a President is chosen “careless”. FBI director Jay Comey called Clinton “careless” in his announcement that she would not be charged, presumably, neither by the DOJ (Lynch previously stated that she would not charge Clinton if the FBI chose not too).
Now if the DOJ steers ready with their previous claim that they would not charge Clinton, she, stands to be in the clear at least legally.
[O]ur judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.
In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.