The Clinton Foundation was not part of the recent investigation into her private server; it was separate. The FBI went to Justice Department earlier this year asking for it to open a case into the foundation, but the public integrity unit declined. The Justice Department had looked into whether it should open a case on the foundation a year prior and found it didn't have sufficient evidence to do so.

Asked by Chairman Jason Chaffetz if he had "looked at the Clinton Foundation," Comey answered, "I'm not going to comment on the existence or non-existence of any other investigations."Asked if the Clinton Foundation was tied into the email investigation, Comey simply said, “I’m not going to answer that.”

[C]oordinating her activities and President Clinton's activities and Chelsea's activities in the Clinton Foundation, they're probably going to have to leave that until after the election.