We know that on or about May 2, 2016, Comey composed a statement summarizing Clinton’s mishandling of classified documents, concluding that she was "grossly negligent." Those pivotal words have a distinct legal meaning, and are drawn directly from a federal statute, 18 U.S.C. 793(f), which makes it a felony to handle classified documents in a "grossly negligent" manner.
Comey used the exact phrase not once, but twice.
Based on Comey’s finding, Clinton should have faced a multiple-count criminal indictment, since the FBI discovered that she had stored 110 classified emails on her unauthorized, private computer server. Other people had been prosecuted for similar conduct that jeopardized national security in violation of the law. Yet, Comey ‐ despite characterizing Clinton’s actions with the clear language denoting violation of the law - saw to it that no charges were ever brought against Clinton.