The fix was in at DOJ on not charging Clinton for mishandling classified material
FBI chart showed 'gross negligence' not an option to prosecute Hillary Clinton for her emailsComey claimed that the government would have to show intent even though the statute does not require it. However intent can be shown when it is demonstrated that the individual and their associates intentionally did the acts whether they were aware of the statute or not. When you consider that Clinton was a lawyer and had lawyers helping her with this violation of the law, I don;t think she could demonstrate a lack of intent.
Ryan Breitenbach, the House majority counsel at the time, pressed Priestap about the email and asked why gross negligence, or the federal statute of 18 U.S.C. 793(f), was excluded from the chart of what it was willing to charge Clinton, but the statute apparently was used to obtain a search warrant to obtain material in the Clinton case.
Priestap said he didn't know who sent the email or why they used the language, "DOJ not willing to charge this." However, he did say his "attitude is that if there is a Federal criminal statute still on the books, then, you know — and we think there may or might be a violation of that, we still have to work to uncover whether, in fact, there was."