Conjecture. Possibly true, but not proven. After all, the FBI says that there was no crime.
Kut (waits)
FBI doesn't ever - never - makes that determination. FBI turns over investigation results to DOJ, and it is DOJ that makes the determination whether evidence constitutes a crime.
As CM said: that's a huge part of the reason that Comey was, and absolutely should have been, fired.
(And in fact, Comey laid out all of the evidence to demonstrate that a crime was actually committed. Comey then interjected that a lack of intent - a matter on which the federal statutes in question are utterly silent - meant that no crime had been committed.)