Hillary Clinton is facing possible indictment on Federal felony charges of unauthorized removal and retention of classified documents or material under 18 U.S. Code § 1924. Clinton's secret basement server's sysadmin, Bryan Pagliano, has been granted immunity from prosecution by the Justice Department in order to testify against her. DOJ doesn't grant immunity unless they feel certain a crime has been committed and there is a reasonably good chance of a conviction.
Pagliano is or was reportedly a GS-15 who was moonlighting for HC and did not report this engagement to his superiors nor did he report the income she paid him under the table. Now they are both in deep, deep shit. But Brian has the get out of jail free card, but only if he brings down Hillary. She's fucked, to put it bluntly. Whether she is charged, or convicted, or not.
The statute says nothing about whether the information was classified when it was first retained. If it was classified at any point, and it was on her server in her basement, and she was aware of this at any point, Clinton is in jeopardy of being found guilty of probably multiple felony counts.
Most likely scenario is HC pleads guilty to a single felony charge, and gets a non-custodial, or home-confinement sentence. As was done with General Petraeus and National Security Advisor Sandy Berger. Her best outcome is to get a pardon from Obama before he leaves office, joining such notable patriots as Admiral Poindexter and John Ashcroft. That will still destroy her career and injure the Democratic Party.
If Clinton was someone lower in the bureaucracy she would be facing heavy time, like John Kiriakou, William Binney, Jeff Sterling, Chelsea Manning, Susan Lindauer, Barrett Brown, Thomas Drake, Stephen Jin-Woo Kim, and Shami K. Leibowitz. And others.
Pagliano is the dude on the right.