August 11, 2016: Ethics experts say recently released emails indicate the spirit of Clinton’s pledges to keep the interests of the State Department and the Clinton Foundation was violated.

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Gilbert Chagoury (left) and Bill Clinton (right) attend a 2005 Pride of Heritage Banquet event in Beverly Hills, California. (Credit: ABC News)

Recently released Huma Abedin emails, from the time she was deputy chief of staff to Clinton, are widely reported in the mainstream media due to some emails that suggest possible conflicts of interest between the State Department and the Clinton Foundation. For instance, in an April 2009 email exchange between Clinton Foundation executive Douglas Band and Abedin, Band sought urgent access for Gilbert Chagoury, a Lebanese-Nigerian billionaire who donated between $1 million and $5 million to the foundation and pledged an additional $1 billion to the Clinton Global Initiative (CGI).

On January 5, 2009, just prior to becoming secretary of state, Clinton wrote in a formal letter to a State Department ethics official: “For the duration of my appointment as Secretary if I am confirmed, I will not participate personally and substantially in any particular matter involving specific parties in which The William J. Clinton Foundation (or the Clinton Global Initiative) is a party or represents a party, unless I am first authorized to participate.” Additionally, a December 2008 memo of understanding was signed between the Obama administration and the Clinton Foundation that also limited how Clinton and her staff could interact with the foundation to avoid conflict of interest problems.

Politico reports that the emails between Abedin and Band regarding Chagoury “is the latest in a succession of emails suggesting Clinton staffers violated the spirit, if not the letter, of the ethics agreement Clinton had signed just months earlier.” “Several ethicists” agree that the emails suggest violations of Clinton’s ethics agreements.

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Meredith McGehee (Credit: Twitter)

Meredith McGehee, policy director for the nonpartisan Campaign Legal Center, says that the actual language of the pledge is “not surprisingly, very lawyerly … [and] there is an argument to be made that Clinton herself has not violated what was in the pledge.” But she adds, “Whether she or her aides have violated the spirit of the pledge … yeah, of course they have. The notion of continuing contact between the Clinton Foundation and the State Department — that was not supposed to happen.”

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Craig Holman (Credit: public domain)

Craig Holman, who works for Public Citizen, a non-profit, consumer rights advocacy group, says: “The Clinton Foundation was taking money from anybody who would give it, and the biggest contributions were from people who had business before the State Department. They didn’t follow the pledge. … I don’t think anyone in the foundation sought to deliberately violate the pledge, I just don’t think they cared about it.” (Politico, 8/11/2016)

August 11, 2016: According the Daily Caller, the FBI is pursuing multiple investigations regarding possible corruption related to the Clinton Foundation.

Additionally, various US Attorney offices in different states are giving assistance. This is according to an unnamed “former official who has direct knowledge” of the investigations. The main investigation is said to be based in New York, which is where the Clinton Foundation is headquartered.

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Preet Bharara, US attorney for the Southern District of New York. (Credit: R. Umar Abbasi / Wire Image)

This is being led by Preet Bharara, the US attorney for the Southern District of New York. The source says that Bharara and his office “would be seen by [FBI] agents as a positive development, as prosecutors there are generally thought to be more aggressive than the career lawyers within the [Justice Department].” The office has specialized in large-scale, sophisticated financial frauds. By contrast, the FBI investigation of Clinton’s private email server while she was secretary of state was conducted by FBI headquarters without the involvement of state US Attorneys. (The Daily Caller, 8/11/2016)

It is known that one FBI investigation regarding the Clinton Foundation relates to Virginia Governor Terry McAuliffe (D) and his ties to a Clinton Foundation donor. The Daily Caller report comes hours after an CNN report talking about a failed attempt to start a different Clinton Foundation-related investigation, and makes clear that is not what they are referring to. (CNN, 8/11/2016)

In October 2016, the Wall Street Journal will confirm the existence of an FBI Clinton Foundation investigation, which has been on-going since 2015.

August 11, 2016: Rudy Giuliani claims to know of some FBI agents who are embarrassed by Comey’s decision not to recommend indicting Clinton.

Rudy Giuliani (Credit: public domain)

In a CNN interview, Rudy Giuliani criticizes FBI Director James Comey’s July 5, 2016 announcement to not recommend indicting Clinton. “I believe the decision was so wrong, I can’t understand how he came to that conclusion. I don’t believe he did it for bad reasons, because I think he is a good man. But the decision perplexes me. It perplexes [former Assistant FBI Director James] Kallstrom, who worked for him. It perplexes numerous FBI agents who talk to me all the time. And it embarrasses some FBI agents.” (CNN, 8/11/2016)

Giuliani is a former US attorney, former mayor of New York City, and a frequent media surrogate for the Trump campaign. The Daily Beast will note that Giuliani “spent decades of his life as a federal prosecutor and then mayor working closely with the FBI, and especially its New York office. One of Giuliani’s security firms employed a former head of the New York FBI office, and other alumni of it.” Furthermore, his former law firm has long been general counsel to the FBI Agents Association (FBIAA), which represents 13,000 former and current agents. (The Daily Beast, 11/2/2016)

August 11, 2016: The State Department fails to answer questions about a possible conflict of interest involving the Clinton Foundation and Clinton’s chief of staff Cheryl Mills in June 2012.

In January 2016, Senator Charles Grassley (R), the chair of the Senate Judiciary Committee, sent a letter to Secretary of State John Kerry, asking about Cheryl Mills’ role in picking the next head of the Clinton Foundation by interviewing two candidates for that position on June 20, 2012. At the time, Mills was Clinton’s chief of staff in the State Department, and Clinton had vowed not to allow any action that even created the appearance of a conflict of interest between Clinton’s management of the State Department and the Clinton Foundation.

However, on August 11, 2016, CNN reports that Grassley still has received no official reply from the State Department.

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Scott Amey (Credit: public domain)

Scott Amey, an attorney for the Project on Government Oversight (POGO), says, “Congress has a rightful right to ask for any information that it wants to from the executive branch of government to keep track of them. And the government should be turning that information over. When you have a breakdown in that system, we have a breakdown in our democracy.”

CNN also asks the State Department if Mills had or needed permission from the department for the trip, or if anyone from the department was even aware of what she was doing. A department spokesperson doesn’t directly answer the question, except to say that Mills had the right to do what she wanted on her own time if it was strictly voluntary in nature. (CNN, 8/11/2016)