"... if anyone else had done that he/she would have gone to jail."

LOL, Jared Kushner,  Ivanka Trump, Stephen Bannon, Gary Cohn, Steven Miller and Reince Priebus (among others)  used private servers in the WH -- and this is AFTER all the brou haha over HRC doing this!! At that point, it couldn't possibly be "negligence" or "carelessness", it was sheer audacity. 

https://www.nytimes.com/2017/09/25/us/politics/private-email-trump-kushner-bannon.html?_r=0