There an old "agent" saying, "just because they say it's so, doesn't make it so." "Plain common sense" is never used to indict anyone in a court of law. As a retired Federal Agent who spent many hours and days in Federal Court and Grand Juries, the evidence needs to be 99% sure that Mrs Clinton knowingly and intentionally broke Federal Law. If these emails "did not" have classification markings on them, Mrs Clinton can't be touched. We have to prove she intentionally broke the law. More than likely, she broke State Department rules or regulations that may not be criminal. If the Government had placed classified markings on them...she should be indicted. The Government has specific computers to pass classified documents. Mrs. Clinton can claim none of these emails were passed via classified computers. Therefore, if information is passed to someone by computer and later that information is deemed classified, you can't go back and charge people with failure to handle classified material. A judge just wouldn't allow that in court!