The case against Clinton just got weaker. This afternoon State Department spokesman John Kirby said that the only two e-mails that had a classified marking on them prior to being sent (doesn’t say if it is to or from Clinton) were “call sheets” that were only classified as some sort of internal process:
The State Department says human error was responsible for a pair of Hillary Clinton emails the FBI identified as marked classified when they were sent.
Describing a somewhat opaque internal process, spokesman John Kirby says officials often mark "call sheets" at the confidential level when the secretary of state is considering whom he or she will call. Once the secretary decides to make the call, the call sheets would be no longer classified.
Kirby says the markings on the Clinton emails mentioned by FBI Director James Comey "were no longer necessary or appropriate" as Clinton already had decided to make the calls.
One of the key elements to this story (that she knowingly sent marked classified materials) painting Clinton in a harsh light has been destroyed. If they were call sheets that she had seen hundreds of times and had no obvious National Security value (i.e. by her picking up the phone and calling people on said list they declassified themselves), then who can blame her for not treating them as nuclear codes.