Two sources tell the Los Angeles Times that the FBI will be setting up interviews over the mishandling of classified materials on Hillary Clinton's homebrewed email server. The interviews will include "some of her longtime and closest aides" and prosecutors are expected to set up an interview with Clinton herself.
No dates have been set for questioning the advisors, but a federal prosecutor in recent weeks has called their lawyers to alert them that he would soon be doing so, the sources said. Prosecutors also are expected to seek an interview with Clinton herself, though the timing remains unclear.
“The interviews are critical to understand the volume of information they have accumulated,” said James McJunkin, former head of the FBI's Washington field office. “They are likely nearing the end of the investigation and the agents need to interview these people to put the information in context. They will then spend time aligning these statements with other information, emails, classified documents, etc., to determine whether there is a prosecutable case."
The Los Angeles Times does not think there is any legal risk to Hillary for using a private email server to conduct State Department business:
The bigger question is whether she or her aides distributed classified material in email systems that fell outside of the department’s secure classified system. But even if prosecutors determine that she did, chances she will be found criminally liable are low. U.S. law makes it a crime for someone to knowingly or willfully retain classified information, handle it in a grossly negligent manner or to pass it to someone not entitled to see it.
Clinton has said she did not knowingly transmit any classified information through her server. The Times explains that it would be "helpful to prosecutors" to prove that Clinton knew she was moving classified information around.
“The facts of the case do not fit the law,” said Stephen Vladeck, a law professor at American University. “Reasonable folks may think that federal law ought to prohibit what Hillary did, but it’s just not clear to me that it currently does.”
Said Mark Mellman, a Democratic pollster."This is clearly disruptive to the campaign. It will take her off message and coverage about important aides being questioned is not coverage you'd like to have. However, this issue is largely dismissed by Democratic primary voters and baked into the cake for the general electorate.”