Passing TS/SCI information to someone not cleared to receive it is a felony each time you do it. We don't know how many recipients were on those two TS/SCI emails in Mrs. Clinton's account, but we do know that she passed them personally at least twice: once to her attorney, and once to an IT firm that was not cleared to handle classified material.
These facts aren't in dispute. That's a maximum penalty of 40 years. She could get less, and indeed I would expect the sentences to run concurrently in any case. Still, at this point we aren't arguing the facts anymore. We're now arguing whether this is a case of "knowingly" doing wrong that should be prosecuted under 1924, of "gross negligence" that should be prosecuted under 793(f), or whether it is merely a case of an unlawful transfer that should be prosecuted under section 793(d) which requires neither knowledge nor intent but merely being guilty of having done it.
The penalty is the same even if intent can't be proven. I understand she's arranged a meeting with the President. Meanwhile, The Observer calls for a special prosecutor.