I'm actually curious, so can you answer a few questions, and cite sources.
1. What were the laws at the time this occurred (laws often change to reflect what we learn about the impact of modern technology)?
2. Was any classified information stored or transmitted on that server (that's the biggie, her crime was NOT the private server, but the compromising of classified information) and was it secured properly?
3. Was there a criminal investigation (why or why not) that determined that a crime had been commited, or even likely had been commited?