April 1, 2010: An NSA official is convicted for possessing a document not marked classified.

Thomas Drake (Credit: H. Darr Beiser / USA Today)

Thomas Drake (Credit: H. Darr Beiser / USA Today)

Whistleblower Thomas Drake, a former senior National Security Agency (NSA) official, is indicted under the Espionage Act for keeping an NSA email printout at home that was not marked as classified. Drake will later plead guilty to a misdemeanor.

In contrast to this case, Clinton and some of her supporters will later claim that she does not face legal jeopardy if the emails on her private server were not explicitly labeled as classified. (The New York Times, 8/8/2015)