Another key question: When, precisely, was the server wiped?
PolitiFact addressed that question last month and the closest it came to an answer was sometime in the fall of 2014, after the State Department had asked her for her work-related correspondence and she sent them a batch of e-mails in reply.
Is that true, or did she actually wipe it much later, perhaps after Trey Gowdy subpoenaed her in March demanding that she produce all correspondence related to the Benghazi attack? If the answer is “after” then we have obstruction of justice in the form of destroying records to avoid compliance with a lawful demand. In fact, even if the answer is “before,” you could argue that we have obstruction of justice anyway. Law prof Ronald Rotunda made a compelling case back in March that if Hillary had reason to believe her e-mails might be subpoenaed eventually, then destroying them would make her guilty of anticipatory obstruction of justice.
You shouldn’t be allowed to evade punishment, after all, just because you’re quick off the block in erasing damaging material while the authorities are still drawing up subpoenas and search warrants. If it turns out the server was wiped much later than we thought, when she clearly had reason to believe congressional investigators and even the FBI might have interest in it, she might be cooked.