Handling or even possession of classified material outside of a secure setting (private server) is a felony.
Here's the law, as I find it:
https://www.law.cornell.edu/uscode/text/18/798
Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— |
So, in order to be a crime, the disclosure must be "knowing" and "willing". That's actually hard to prove in even a simple case. So, unless there's some other law that you think applies, it's not nearly as easy as you seem to think. You can't prosecute these crimes without a fair amount of information, and if the information is missing it's classified cover sheet, you have to figure out why before you can assign liability. And you must establish who actually did the crime before you can charge anyone.
Personal destruction of classified data outside of proper chanels & methods without authorization is a felony.
Where are you getting that? It's illegal to destroy an official record, but I don't think an unauthorized copy of a classified record would count. It's illegal to destroy evidence under certain circumstances, but it's unclear if that applies here.
These two things have been established (A) that she possessed classified data on her personal server
That actually hasn't been established. There was such information on the server, but it isn't clear that it was in her possession, either physically or in terms of control. Someone using her server had possession of such information, but it isn't yet clear who from what's been released so far.
... & (B) that she went to great lengths to destroy said material when she was being found out.
There's a lot of dispute about that, currently. Only time will tell, I think. I think it's fair to say that Clinton hopes that it was wiped, but that may not be true, and she likely didn't oversee it herself. I wouldn't be too surprised if a fair amount of the information can be recovered.
Do you also say Nixon was not guilty in the watergate scandal because he was not convicted?
I would describe the actions as criminal, because that's a comment on the law rather than the people accused of breaking it. But generally, I wouldn't call him a criminal until that is a fact on the record. I don't think it's honest to do so.
How about a closer and more relevant example? Take Rick Perry. I might refer to him as an indicted felon, because that's a true statement properly qualified. He is under indictment on a felony charge. I wouldn't call him a felon, unqualified, unless he's actually convicted, because I think that's misleading at best. He's entitled to the benefit of the doubt and due process.
The fact reamains that she may never see a jail cell but, her crime is a felony which ergo makes her a felon.
You're getting ahead of yourself on both the facts and the law. You may be right, you may be wrong, but you can't rush the investigation if you want it to have any legitimacy at all. The fact that you're here now, demanding a particular outcome on a nakedly partisan justification, and you think you're coming across as fair and objective?
For comparison, when David Petraeus was accused of passing classified information to Paula Broadwell, he resigned within a few months of the beginning of the investigation. But it took three years for him to actually be sentenced to probation, despite the fact that he actually copped to the crime. That was last April. (
http://www.nytimes.com/2015/04/24/us/david-petraeus-to-be-sentenced-in-leak-investigation.html) Clinton still maintains her innocence. It takes time, and we're only a few months into the investigation of Clinton's email server. Even if she confessed, today, to a felony, she wouldn't be in jail yet, or likely even in front of a judge, because due process is fairly slow, especially in a complex and technical case like this one.