Gross negligence doesn't require intent. My original quote was, in fact, one of the parts of the law that mattered, but there was another: 18 U.S.C. § 1924.

In July of 2015, the DoJ pursued another case, bearing similarity to Clinton's, against Bryan H. Nishimura, a Navy Reservist.

Nishimura’s actions came to light in early 2012, when he admitted to Naval personnel that he had handled classified materials inappropriately. Nishimura later admitted that, following his statement to Naval personnel, he destroyed a large quantity of classified materials he had maintained in his home. Despite that, when the Federal Bureau of Investigation searched Nishimura’s home in May 2012, agents recovered numerous classified materials in digital and hard copy forms. The investigation did not reveal evidence that Nishimura intended to distribute classified information to unauthorized personnel.

In this case there was also a finding of no intent, and yet they pursued the case. And there were conseqences:

U.S. Magistrate Judge Kendall J. Newman immediately sentenced Nishimura to two years of probation, a $7,500 fine, and forfeiture of personal media containing classified materials. Nishimura was further ordered to surrender any currently held security clearance and to never again seek such a clearance.

Really the main difference is that my original posting was for a felony charge and 1924 is a misdemeanor.

For reference: DoJ Announcement https://www.fbi.gov/sacramento/press-releases/2015/folsom-na...

The Charges https://www.justice.gov/usao-edca/file/641316/download