The scope was deliberately narrow, one that required intent for recommendation to prosecute.
True. Also true is that we all know she damn well intended to use her own private server to hide her activities, and she intended to erase any incriminating evidence.
The only time that 'intended' should even be considered would be if she Didn't actually follow through with it. But she did. Ergo, she not only intended to do it, she did it.