here's a great rebuttal to that:

http://lawnewz.com/high-profile/no-hillary-did-not-commit-a-...

using this statue to prosecute would not only violate the spirit and intent of the law but also be very unlikely, given precedent, to result in any conviction. Hence a competent prosecutor would likely not seek to prosecute based on this law, nor should they, as it would be a waste of taxpayer money not to mention the ill effect it would have on our electoral process (sudden unnecessary prosecution against particular candidates unlikely to lead anywhere).

“Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both. “

Applying that to Hillary's case is a bit of a stretch. It's not like she was downloading all the confidential stuff at the White House and emailing it to herself. And anyone emailing to clintonemail.com would presumably guess that was going to the Clinton's email server.