I suppose you're right, well, if you disregard the fact that she refused to disclose over 30,000 documents and used government level software to ensure those documents could never be recovered, physically destroyed devices which may have once contained those documents and obviously shared to some degree since some showed up on Anthony Weiner's laptop after he was driven from office in disgrace. I guess it just depends upon how you make your case and the willingness of anyone asking questions to go along.
The more interesting point today is to compare the way it was dealt with by the DOJ. It was resolved as a political matter rather than criminal where current cases are being dealt with as criminal matters rather than political. There's probably a reason for that, if we could only discover what it is.