He was the FBI Director and it was his decision not to press charges(although it should of been Loretta Lynch's decision). You're trying revisionist history. There was plenty of evidence. When asked why she deleted 33,000 emails when she was under subpoena to turn them over Clinton said they were nothing important, just personal stuff like she and Chelsea discussing Chelsea's wedding. Meanwhile she and Bill saw their net worth soar over $100 million from giving speeches. This isn't speculation, it was widely known what she did. She was caught with a private server conducting government business without government oversight and records of every email.Comey said a great many things outside of the courtroom,not under oath( Like Giuliani and Sidney Powell did when they claimed voter fraud outside of the courtroom but not a peep inside under oath)
Had proof been available she'd have been charged.