This is what the Clinton strategy will be: If the sensitive documents are too sensitive, then she can't be prosecuted because the evidence can't be presented. If the sensitive documents aren't sensitive enough and are able to be used as evidence, there's really no need to prosecute because they're not that important. That is the argument they'll use.
The big question is: What will we do with politicians and candidates who are spying for other interests, other nations, for big contributors, for nefarious interests and using "sloppiness" as a cover? Do we have the strength to do what is needed (i.e. prosecute at the highest levels)?
Or will politicians cover for each other?
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Ask the military and intelligence establishment what they think about this.
From my point of view: No matter which party, no matter how much "good" a politician claims to have accomplished, prosecution should be quick, justice should be served, and there should be no punishment taken off the table – including capital punishment.