Oh, it's without doubt that she broke the law; we already know enough to confirm that in spades. The only way she could possibly have not broken the law would be to handle nothing that is deemed classified her entire time as SecState, and we've already learned that (1) there were emails that were classified from Day One due to their nature, and (2) she handled them in ways that, even were she the innocent victim in receiving them, would be violations of the law. There are two reasons why she won't be charged. First, it's politically inconvenient, both to Obama and to the Republicans. Maybe Obama's justice party could fight the Republicans, but they aren't going to embarrass Obama by indicting his Secretary of State, at least not unless she is shown to have done something really egregious. Same with the Pubbies, if they capture the White House; they don't want to live by the rules that would establish, nor have their side distracted by a similar investigation which in all fairness, would be required. If we hold one party to the actual law, then morally we must also hold the other party to the law. Powell did much the same thing, albeit with a server over which he had no actual physical control. It would still be a violation of the law, just the same. Same for the Bushies, who did on 9 what Hillary did on 11 with their political servers. A little bit has already slipped about that, enough to cause a massive investigation were Hillary to be indicted.
Second, it's impractical. To indict Hillary for breaking the law requires holding everyone else to that law, yet it isn't very convenient for the operation of government. Ideally, we would change the law and hold everyone accountable for operating inside the constraints of the law as it exists at that moment. Practically speaking, the federal government has struggled to maintain a system for securely emailing classified and/or sensitive documents. If the FBI held Mrs. Clinton strictly accountable for her violations of the law, ethically we have to go back and prosecute other officials for those same violations, but much more importantly, we have to have an operable system in place to avoid similar violations. We do not have such a system.
I have absolutely no doubt that Mrs. Clinton hosted her own server for the very reasons we've already seen: it gave her total control over accountability. She could (and did) delete and edit official business emails at her own discretion. But to prosecute her for mishandling classified documents - for which hosting her own server and giving out copies is a SECOND violation, not the first which is the unsecured emailing itself - requires too much that is impractical and unpalatable to both sides of the aisle. Even if we see a President Cruz or Trump, it's never going to happen. Please note that it isn't just Obama covering for her; the precedent set would affect both parties equally. Hillary is the worst at the moment, but that record exists to be broken, probably by a Republican.
Thank you for your honesty.
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