Nevermind, see below...

 

To me, as I predicted, the term "gross negligence" is the thing that Comey probably felt was not met, and is what this whole thing boils down to.  Could he have recommended an indictment?  Yes, but he felt based on the facts that it not not reach the criminality threshold.

 

(f)

Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
<p style="font-size:10pt;">Shall be fined under this title or imprisoned not more than ten years, or both.

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