The key flaw in the statement by FBI Director James Comey about Mrs. Clinton is that he said they could not prove that she intended to harm national security.
But her intent is not relevant to anything because the gross negligence standard does not require proving intent.
Comey made more than an ample case to charge Mrs. Clinton with gross negligence and that is a crime the way the law is written because Congress did not want classified information to fall into the hands of enemies. She should have known that her reckless conduct would have the potential to harm the country but she did it anyway. That is why she should have been charged.
But the problem is that now the Clinton campaign will spin the statement by Comey as a "clearance" of wrong doing when it is clearly not that.