If HRC has a conversation about the weather with her counterpart in eastbumstan, that conversation in considered ‘confidential’. Darn near everything she did was at a minimum considered confidential as a baseline. And if she emails Huma about it, of course the email isn’t ‘marked’...she created the email.
She steered a willing media down a false path of a ‘marked’ requirement, and the media seems to have ignored the 60,000 violations of the federal records act, which applies to all communication, secret or not, and also as you point out, the OBVIOUS fact that a cabinet official cannot perform her duties over a period of years (or even days) without dealing with secret information.
Somehow the neuro-connection of negative proof does not have any traction in this argument / discussion.
By not opening a gov’t-secure account and shunting all her email commun onto her private server; she has in all practicality and in all reality declared in advance that NOTHING she receives shall be TS. A TS email simply landing on her server with zero intervention on her part (just like there is no intervention on your or my part when receiving email) is a felony under 18 USC. It’s a felony before she reads it, forwards it, it’s a felony before she turns on her computer. That means, the markings or lack of markings on her communs are irrelevant. Her discretion as to top secret or yoga isn’t at issue, the felony occurs before she exerts her discretion.
I don’t get it, meaning, I don’t get why the rest of the universe does not get it. But it/they don’t.