This only proves her innocents.
Applicable statutes and Executive Order:
1) 18 U.S. Code § 793 - Gathering, transmitting or losing defense information
Full copy of this Section of the 1917 Espionage Act is below. It has been claimed that Hillary did not violate the law because she didn't intend to injure the U.S. or aid a foreign power. However, that purpose is not required to convict under this Subsections (e) and (f) of this statute.
Subsections (a)-(d) and (g)(conspiracy) reference and require intent to injure the United States. The plain-language of Subsection (e) and particularly (f) are different:
The difference is this phrase that references purpose in the first three subsections; "with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, Note: "is to be used"
The language in (e) is close but omits reference to purpose to injure: "he possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation". The word intent is not there. Note: "could be used"
Finally, the offense specified at (f) requires not willful action, simply a negligent action:
(1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or
(2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
The differences between Sections (e) and (f) and the various other offenses covered in Section 793 comes down to the element of intent to injure the US or act to the advantage of a foreign power. These are not requisite elements of the offenses covered under these sections of the Espionage Act.
http://www.dailykos.com/story/2015/8...private-server
