Andrew Herman commented on the investigation of former Secretary of State Hillary Rodham Clinton and her family's foundation and its similarities to allegations of public corruption of former Republican VA Gov. Robert McDonnell. A former U.S. attorney said the Federal Bureau of Investigations' probe of public corruption at the Clinton Foundation, sparked by information pulled from Clinton's private server and tax filings of corporations that have donated to the charity, has been going on for months. If the allegations are true that there was use of the position for private gain, then this is similar to other public corruption cases such as that of McDonnell, Herman said.
According to Herman, agents would need to uncover evidence that Clinton helped charity donors in order for the U.S. Department of Justice to bring charges against her. "They'd have to demonstrate that there was a direct tie between some kind of official act that Secretary Clinton engaged in and contributions to the foundation, or some other way that she gained," he said, and while the investigators may have a certain view of things, they are not the ones who will make decisions on how to proceed. "I wonder how they can resolve that internally within the Justice Department, if it's even possible to resolve it within the Justice Department, given the tensions and the various conflicting factors and the fact that this is an administration in which, until very recently, Secretary Clinton was a cabinet member," he said.