1) Not according to the FBI.
2) Zero emails had proper classification markings.
FBI director Comey says it would be "a reasonable inference" for Hillary Clinton to to believe that no proper markings means the document was not classified to begin with.
And of course, the three "marked classified" emails in question
weren't actually classified.
Every single document that was classified at the time was not marked as classified.
It's hard to nail someone for passing around classified information when they might not have known it was classified in the first place, right?
3)
She didn't lie to the FBI. As per FBI director Comey himself.
4) It's in the NARA guidelines. A federal employee can delete personal emails at their sole discretion. Without oversight. The government simply doesn't have the right to archive your personal emails, even if you're a government employee.
The NARA guideline is well described by State replying to the Judicial Watch witchhunt.
There is no question that former Secretary Clinton had authority to delete
personal emails without agency supervision – she appropriately could have done so even if
she were working on a government server. Under policies issue both by the National
Archives and Records Administration (“NARA”) and the State Department, individual
officers and employees are permitted and expected to exercise judgment to determine what
constitutes a federal record.
...
This means that all employees are required to review each message, identify its value, and either delete it or move it to a recordkeeping
system.
The subpoena doesn't pertain to every Clinton email, of course. Only the ones pertaining to the Benghazi investigation, which she apparently turned over.
The DOJ and State said that the NARA guidelines permitted Clinton to delete non-work emails at her discretion.
And don't forget that the FBI was able to recover her deleted emails anyway, and
FBI director Comey's findings point out that, even though some of the deleted emails ended up being work-related, that it did not appear to be an effort to conceal anything.
5) When exactly did Hillary Clinton lie to congress? What was the lie?
6) And yet, when asked, she turned over her records for preservation after all, didn't she? Colin Powell turned over precisely zero records for preservation.
Both Powell and Clinton seemed to be operating under the assumption that emailing others at their .gov accounts was sufficient for preservation, but that was wrong.
Luckily for Clinton, she still had the records to turn over in the end.
Sometime after Clinton left State, the timeline for turning over your records was shortened to something like 20 days. Before that, there was no timeline.
Clear intent to circumvent? Again, not according to the FBI. And when you take into account that Clinton had approached Powell about his practices beforehand, it seems even less nefarious when they had both assumed the .gov system paper trail was sufficient.