And legally, that could be a reasonable defense. The mere existence/use of the server might not be much of an issue.
But then not taking the step to assure that email sent/received on that server was archived on a government approved system is definitely a violation.
Still, how bad a violation is it? Is it necessarily "criminal" or, from a legal perspective, is it more like turning without signaling? What is the punishment? Probably not enough to stop someone from running for office.
Things get more complicated than that, though, if any of these things might be true:
...did the private server contribute to mishandling of classified information? (And people who are found to have mishandled classified info typically have security clearances revoked, but you can't be president without security clearance...)
...is there evidence that the system was set up specifically to get around archival requirements and avoid FOIA access? (That would be a serious charge, though also one that would be difficult to prove, as "intent" generally is)
...does this discovery lead to any evidence of improper coordination between activities of the State Dep't and the Clinton Foundation?
And then the question is, practically speaking, does any of this result in an action that can hurt her chances of winning in November, or impact her presidency thereafter?
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