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Charles Krauthammer said that foreign donors to the Clinton Foundation getting an audience with Hillary Clinton while she was secretary of state is "damning" but not necessarily illegal.

He said that if something surfaces in Clinton or her associates' emails showing that she considered giving a favor to a donor it would be the "Holy Grail."

But technically and traditionally, Krauthammer said, getting access in exchange for money does not constitute a quid pro quo.

"The point of giving money is to get access. We accept that in our campaigns, we accept it everywhere. If access were considered a quid pro quo, the jails would be groaning with politicians."

Krauthammer said there could be buried in the emails evidence that Clinton actually did something for the donors, but until now, it's only been the giving of access, which is "corrupt, perhaps, but not illegal."

Watch the full commentary on Special Report above.

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