The Espionage Act makes it a crime to mishandle classified documents “through gross negligence” (18 USC 793-f). Punishment upon conviction carries a penalty of up to 10 years in prison.
With 110 emails on Clinton’s private server that were classified at the time they were sent or received, the Democratic nominee for president could have been prosecuted on 110 separate felony counts. Yet Comey scuttled the case.
But a story in The Hill this week by John Solomon says a newly discovered document shows that then-FBI Director Comey authored a draft statement accusing Clinton of mishandling classified documents and being “grossly negligent.”
The document was confirmed by Sen. Charles Grassley, R-Iowa, who is chairman of the Senate Judiciary Committee. It was written a full two months before Clinton was ever interviewed by the FBI.