Is that like a Zen koan or something? LOL. Why wasn't Hillary arrested and prosecuted by the FBI?

They didn't need the actual server. They got a copy.

[politifact.com]

During former FBI director James Comey’s testimony to the House Intelligence Committee, Comey was asked whether the FBI had ever received the DNC’s hacked hardware.

He said they did not, but obtained access from a review of the system performed by CrowdStrike, a third-party cybersecurity firm.

"We got the forensics from the pros that they hired which -- again, best practice is always to get access to the machines themselves, but this, my folks tell me, was an appropriate substitute," Comey said.

DNC spokeswoman Adrienne Watson told PolitiFact that the DNC cooperated with the FBI’s requests, which resulted in the DNC providing a copy of their server.

"An image of a server is the best thing to use in an investigation so that your exploration of the server does not change the evidence (just like you don’t want investigators leaving their own DNA around a physical crime scene) and so that the bad actors cannot make changes to the evidence while you are looking at it," Watson said. "Any suggestion that they were denied access to what they wanted for their investigation is completely incorrect."

When you say government, whom are you speaking? Brennen and Comey certainly may have claimed. Clapper as well. If they want answers maybe look on Huma's laptop.

Good question...