"They're changing the rules way after the game has been finished," said Herbert, who also is representing Officer Jason Van Dyke in the Laquan McDonald shooting. "He has to be judged upon what the training and policy was in place at the time. For them to now say, 'Well, we're going to recommend that you are disciplined, terminated or have criminal charges placed against you for following the orders and the laws that we enacted,' it's very unfair and it's dangerous."