Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person's actions and how similar situations have been handled in the past.
Secretary Clinton used several different servers and administrators of those servers during her four years at the State Department and used numerous mobile devices to view and send e-mail on that personal domain. As new servers and equipment were employed, older servers were taken out of service, stored, and decommissioned in various ways.
The attorney general called and asked me if I was willing to be interviewed for FBI director. And the truth is I told him I didn't think so, that I thought it was too much for my family. But that I would sleep on it and call him back in the morning. And so I went to bed that night convinced I was going to call him back and say no.
Just as our adversaries and threats continue to evolve, so, too, must the FBI. The key to this evolution lies with our greatest assets: our people and our partnerships. Every FBI professional understands that thwarting the threats facing our nation means constantly striving to be more effective and more efficient.
We in the FBI have created a malware repository and analysis tool known as the Binary Analysis Characterization and Storage System, or BACSS, which provides near real-time investigative information. BACSS helps us link malware in different jurisdictions and paint a picture of cyber threats worldwide.