The basis for imminent indictments rests upon the fact that neither the State Department, nor the President gave Clinton the authority to use a private server. Since this server contained "Top Secret" classified information, Clinton faces legal consequences.
Under the Espionage Act (Title 18) it is a felony for a federal official to “knowingly remove classified material without the authority to do so and with the intention of keeping that material at an unauthorized location.”
The day after Hillary Clinton was sworn in as Secretary of State (January 22, 2009), she received a security briefing and signed a Non-Disclosure Agreement:
“I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of Sensitive Compartmented Information (SCI) by me could cause irreparable injury to the United States or be used to advantage by a foreign nation.
"I have been advised that any unauthorized disclosure of SCI by me may constitute violations of United States criminal laws, including provisions of Sections 793, 794, 798, and 952, Title 18, United States Code, and of Section 783(b), Title 50, United States Code. Nothing in this agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation."
Sensitive Compartmented Information Non-Disclosure Agreement
Signed copy of Hillary Clinton's Non-Disclosure Agreement