Originally Posted by Rochard

That's correct.

Take politics out of it. "Peggy Sue" works at a gas station, and one day a man comes in and pays for his gas with two crisp twenty dollar bills. Peggy Sue looks at the bills, they seem okay, she puts them in the cash register without a second thought. Peggy Sue has her fingerprints on the bills, which turn out to be counterfeit. Peggy Sue has just broken the law and can be charged with counterfeiting. Charges will never be filed against Peggy Sue. She broke the law but... Did she print the counterfeit bills? No. Did she transport the counterfeit bills with the intent to defraud anyone? No. Did she intend to break the law? No. She was doing her job, plain and simple.

It's no different here. If Clinton was passing such secrets to a reporter or agent of a foreign government, then she is guilty as sin. Again, they are looking at two things - intention and damage. Her only intention was do her job, and there was no damage.