Wannabe lawyers on the Internet (not that I'm not one) love to Google search laws and turn a case into a binary "Yes or no - does what happened violate my semantic interpretation of that sentence?" But that's just not how the law works in practice. In the real world, context and prevailing practices matter.

If sending sensitive information across private email is a punishable crime, we're going to have to lock up an extremely wide swath of the upper levels of government. If using a private server is what makes it distinct, that relies on the nonsensical stance that giving sensitive information directly to third parties like Google is OK, but using a private server isn't.

They're not going to convict Clinton for doing something several of her predecessors did and many top government officials still do. And with no chance of a conviction, they aren't going to prosecute. I expect a rather pointed report on the state of email security in the executive branch, and that will be well deserved.