Jonathan Turley: Special Counsel Needed, But Not Likely, for Clinton Foundation

Pointing to what he called the "abysmal" record of the Justice Department prosecuting high-ranking officials, constitutional law professor Jonathan Turley said Tuesday that a special prosecutor should be named to look into the Clinton Foundation.

But, he advised, don't hold your breath.

Turley, a constitutional law attorney at George Washington University, and a Democrat, told Fox News Channel's "The Kelly File" that the Associated Press report on the foundation, run by former President Bill Clinton and current Democratic nominee Hillary Clinton, raises serious questions of whether foreign donations during Hillary Clinton's term as secretary of state constituted a "pay for play" in which access was bought with the State Department.

"Then you have this revolving door or dual role in one case of someone who might have been employed by the foundation and State Department at the same time," he said, in reference to Clinton's former chief of state Huma Abedin.

It is "hugely stupid to have anyone in that role," he said. "I don't see how anyone could deny that these are troubling disclosures."

But the DOJ has not done much to go after high profile official over the past several decades, no matter which party was in charge, Turley said.

He also said he expects the investigation to go past the November 8th election.

"Then you would have some serious conflicts there, if in fact the next president is Hillary Clinton," he said. "That would tend to favor a special counsel."

The odds of that happening?

"Not high," Turley said.

• Reince Priebus: 'The Evidence Is Clear' for Outside Probe of Clinton Foundation
  
• Mike Pence on AP's Clinton Foundation Report: More Evidence of 'Pay-to-Play'