While it’s possible for a private residence to be an “authorized” location, and it’s also possible for non-government servers and networks to be “authorized” to house and transfer classified materials, there are specific and stringent requirements to achieve such status. Simply being secretary of state didn’t allow Clinton to authorize herself to deviate from the requirements of retaining and transmitting classified documents, materials and information.
There is no known evidence that her arrangement to use the private e-mail server in her home was undertaken with proper authority.
Finally, there’s the intent to “retain” the classified documents or materials at an unauthorized location.
The very purpose of Clinton’s server was to intentionally retain documents and materials — all e-mails and attachments — on the server in her house, including classified materials.
The intent required is only to undertake the action, i.e., to retain the classified documents and materials in the unauthorized fashion addressed in this statute. That’s it.
It borders on inconceivable that Clinton didn’t know that the e-mails she received, and more obviously, the e-mails that she created, stored and sent with the server would contain classified information.
Simply put, Mrs. Clinton is already in just as bad — or worse — of a legal situation than Petraeus faced.
Does this mean she’ll be charged? FBI Director James Comey has a long history of ignoring political pressure. So it’s likely that the FBI will recommend prosecution, and then it will be up to President Obama’s Justice Department to decide whether or not to proceed. Stay tuned.