I'm quite sure that Comey "perceived" that there was "no intent" for Hillary to commit a crime by setting up a server to keep her governmental communications beyond the reach of any FOIA.  You don't need an investigation to "perceive" "no intent" - just like you don't need any actual evidence to "perceive" that Trump "had the intent" to obstruct justice.  It is just part of Comey being a superior being, and entirely above the law for little people.