While the final decision rests with the Department of Justice, the FBI recommends not prosecuting Hillary Clinton over the use of a private email server to conduct official government business. However, James Comey went on the record to highlight:

• 110 emails were classified of which 8 distinct email chains included Top Secret information (and known to be classified at the time they were exchanged).
• A handful of emails were actually designated SAP - Special Access Programs - which constitute the highest of classification.
• An additional 2000 emails were determined to be classified after the fact.
• Several thousand emails were purged from the official record which included classified information as well (violating Federal Records Act).

The full FBI statement is available to the public. Director Comey's testimony included:

"From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were "up-classified" to make them Confidential; the information in those had not been classified at the time the e-mails were sent. Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information."

"For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “upclassified” e-mails)."