Section 793(f) of Title 18 says:  "Whoever, . . . having lawful possession or control . . . of any document. . . relating to the national defense, . . . through gross negligence permits the same to be removed from its proper place of custody . . . in violation of his trust [commits a violation of this section].”

Comey's own statement established that Clinton, having lawful access to classified information relating to the national defense, acted with what Comey called "extreme negligence" in permitting that information to be removed from its proper place of custody.  

Comey said Comey said, the FBI found “evidence of potential violations of the statutes regarding the handling of classified information.”  He also said, “we are expressing to [the] Justice [department] our view that no charges are appropriate in this case.”  In other words, he said the Justice Department should use its DISCRETION not prosecute, not that there was no prosecutable case.  Get the difference?  cont'd