Al Capone famously never got put away for murder or mob activity. It was tax evasion that snared the iconic mobster. Hillary Clinton has yet to be charged with anything but the irony that she may have stumbled over a “technical” security rule is palpable.

The Post reports, “Hillary Rodham Clinton’s attorney has agreed to provide the FBI with the private server that housed her e-mail during her four years as secretary of state, Clinton’s presidential campaign said Tuesday. Her attorney has agreed to give agents a thumb drive containing copies of thousands of e-mails that Clinton had previously turned over to the State Department.” According to ex-law enforcement officials and criminal law attorneys experienced with investigations of high-profile individuals with whom we have spoken, this is a nice way of saying: The FBI allowed her to hand over the material instead of suffering the embarrassment of a subpoena. The Clinton campaign’s silence seems to confirm this is the case. (“Nick Merrill, a Clinton spokesman, said Tuesday night that Clinton is cooperating with the FBI probe. He declined to say whether the FBI ordered that she turn over the devices and when her attorney, David Kendall, had done so.”)

The Associated Press reports, “A day after Hillary Rodham Clinton turned her personal email server over to the Justice Department, her campaign assured supporters that the Democratic presidential candidate did not send classified information over her private account.” How Clintonian. This does not mean she did not possess such e-mails or that her receipt of these on an unsecured server was proper. Indeed this is where the plot thickens:

There is no evidence she used encryption to prevent prying eyes from accessing the emails or her personal server.
Two emails that traversed Clinton’s personal system contained information that had been designated “top secret” and “sensitive compartmented information,” one of the government’s highest classification ratings, U.S. officials said.

So is this for real — is Hillary Clinton in some legal peril? There are a couple of reasons to believe this is the case.

First, the investigation is being handled by the FBI, headed by widely-respected director James Comey. He has no reason to slow-walk an investigation or look the other way. Nor does he have an incentive to refrain from forensic investigation and, if need be, reconstruction of the server’s deleted e-mails. The last thing he or the FBI wants is the allegation that they helped Clinton cover her tracks.

Second, high level officials including Gen. (Ret.) David Petraeus and another former CIA director John Deutch were investigated for improper handling of classified materials. Petraeus was compelled to accept a plea deal. The Post also noted that Deutch in 1996, “resigned after it was discovered that he had stored highly classified documents on his home computer, which was connected to the Internet. After a criminal investigation, Deutch agreed to plead guilty to a misdemeanor and pay a $5,000 fine. But before the prosecutors could file the papers in federal court, President Bill Clinton pardoned him on his last day in office.” I suppose President Obama could do the same for Hillary Clinton if it comes to that. As one former federal prosecutor put it to me, “How would it look if they prosecuted them and not her?”

There is something stunning that after all the Clinton escapades, the issue that might bring her down is her own paranoid penchant for control and secrecy. The substance of the e-mails that she destroyed may or may not prove to be damaging to her with regard to issues like Benghazi. But, as she always feared, once her e-mails are in others’ hands, the leaks will start and we may learn much more about Clinton than we ever have.