Sad that you would make your choice based on that statement but unfortunately many Americans will do the same. A vote for this bimbo is a vote to support corruption, lies and unbridled power.
She's not the smartest woman or she would know that a private server is not safe for storage of government files. I'll go with your first option. When Billy Boy conveniently bumped into the head of the DOJ, no one will convince anyone (unless that person is a total fool) that some conversation didn't take place. When the FBI director starts his comments with , " while it is illegal to use a private server", only to follow up with," we don't think prosecutor will touch this", corruption is the only word one can use.
It is not the responsibility of the FBI director to determine what a prosecutor may or may not do. A prosecutor reviews the information provided by the investigating part and makes his/her own determination if prosecution is merited. The Director took that opportunity away. Now Hillary's attorney staff would certainly use that statement in their defense if this thing had gone to trial. I can hear them now.
"Your honor, the FBI director, the highest law enforcement officer in the nation, says the case is not worthy of a trial". " We should therefore apologize to poor Mrs. Clinton and allow her to return to the campaign trail where she can continue to mislead the masses who are ignorant enough to buy her line of crap".
You want to make your vote count? Don't vote for her because doing so enforce her ego that she and those like her are above the law.
When the government can manipulate the truth in a manner to further the good of a party or candidate, we are in serious trouble.