Herbert's proof is a proof of Bell's theorem by consideration of a two-party, two-setting, two-outcome experiment. In other words, a CHSH-style experiment. Every CHSH-style experiment which has been done to date, and which had a succesful outcome (a violation of CHSH inequality) suffers from one of the "standard" loopholes, ie failure to comply with rigorous experimental protocol requiring timing, spatial separation, rapid generation of random settings, legal measurement outcomes. Every local-realistic simulation of the data of such an experiment has to exploit one of those loopholes. (Note that in the presence of perfect (anti)correlation in one setting pair, violation of Bell's original inequality and violation of CHSH inequality are equivalent).