It kind of had to, since he's a Republican but doesn't have enough evidence to recommend prosecution.
That's actually not accurate. U.S. Code 793 does require intent to injure the United States, in the very first sentence. Gross negligence is also mentioned, but that legal standard has not been met either.
Not really. The standard of intent for purposes of Espionage Act violations is really high. The spy who worked at my last company, who happened to take TS documents home where his girlfriend, who happened to be from the People's Republic of China, happened to be, didn't go to jail. Neither did Petraeus, who unquestionably gave TS material to his biographer, who he happened to be having an affair with. Neither did Scooter Libby, who intentionally leaked TS information to out a CIA agent in the field.
Another thing that no one seems to remember is that senior government officials have considerable leeway to use their judgment when it comes to disseminating classified information. It is a logistical nightmare to properly move classified information across SIPR, JWICS, dozens of government agency and military networks, and foreign governments. And keep it all air gapped from NIPR or the internet. I would expect State to have the ability to circumvent those procedures in a crisis situation.
Thousands? How about 22 million? Not that it really excuses the deletion of any records. Although that would be one way to maintain the security of the information.
It's possible that an unclassified system was exactly the place for those conversations, although without knowing what was in the emails, we'll never know.
I should point out that it was State's servers, not Hillary's, that got hacked. It's conceivable that Hillary's server was more secure. Or at least less of a disaster.
Well, she can't carry a SCIF with her. What would matter here is the security and encryption on her mobile, not which server she used.