The problem I have is this - since HC is no longer part of the state department, we have a private citizen in possession of state department documents, some of which may be the only copies that exist. It is as if she took the contents of her filing cabinet with her when she left office. To later give copies of some of these documents to someone without clearance is bad enough, but to then delete all of them from the server is illegal. It doesn't really matter when they were classified, they are state department property and not hers.
Sandy Berger got two years probation and a $50,000 fine for doing something
similar.