I listened to O’Reilly last night.
He was focused on the negligence — extreme carelessness. He mentioned intent, and he had it wrong, but his focus, to be fair with the man, was on the negligence aspect.
Krauthammer understands intent correctly. O’Reilly understood it to mean intent to harm the USA. I personally think Clinton sold American secrets, that she was protecting her operation over national security, and that she doesn’t give a fig for the USA, so I COULD affirm her intent to harm America. Krauthammer, however, understands that the very act of having a secret server was intent to skirt the law. That intent is irrefutable.
But, all that aside, O’Reilly did focus on the gross negligence. He is so cautious with new news and always holds his finger in the wind to be sure he doesn’t lose his late night invites.
BTW, here's the relevant statute:
18 U.S. Code § 793(f) - Gathering, transmitting or losing defense information
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer— Shall be fined under this title or imprisoned not more than ten years, or both.