Early this year as the investigation into Clinton’s private email server was in full swing, several FBI field offices approached the Justice Department asking to open a case regarding the relationship between the State Department and the Clinton Foundation, according to a law enforcement official. At the time, DOJ declined because it had looked into allegations surrounding the Clinton Foundation around a year earlier and found there wasn’t sufficient evidence to open a case.
In a hearing last month on Capitol Hill, FBI Director James Comey declined to say whether the Clinton Foundation was under investigation, saying: “I’m not going to comment on the existence or non-existence of any investigation.”
For there to be criminal conflict of interest there would have to be evidence showing a government employee received something of value in exchange, such as a job post-employment or money. There doesn’t appear to be anything so far suggesting that in the newly released, heavily redacted emails from Judicial Watch. But those emails do raise questions about whether the relationship between the State Department and Clinton Foundation was too cozy, particularly after Clinton pledged she would not be involved with the foundation when she became secretary of state, in an effort to prevent an inappropriate relationship.