Questions On Clinton Foundation Contributions And Speaking Fees May Bring About Further Fall In Polls For Clinton

Recent coverage of the Clinton scandals will hopefully put an end to the conservative myth of a liberal media which will lie and twist the news to promote Democratic candidates at the expense of Republicans. Much of the “liberal” media is demonstrating that they are just as likely to cover evidence of unethical behavior among political leaders regardless of party. Today The New York Times looks at how Cash Flowed to Clinton Foundation as Russians Pressed for Control of Uranium Company.

As the Russians gradually assumed control of Uranium One in three separate transactions from 2009 to 2013, Canadian records show, a flow of cash made its way to the Clinton Foundation. Uranium One’s chairman used his family foundation to make four donations totaling $2.35 million. Those contributions were not publicly disclosed by the Clintons, despite an agreement Mrs. Clinton had struck with the Obama White House to publicly identify all donors. Other people with ties to the company made donations as well.

And shortly after the Russians announced their intention to acquire a majority stake in Uranium One, Mr. Clinton received $500,000 for a Moscow speech from a Russian investment bank with links to the Kremlin that was promoting Uranium One stock.

At the time, both Rosatom and the United States government made promises intended to ease concerns about ceding control of the company’s assets to the Russians. Those promises have been repeatedly broken, records show.

The New York Times’s examination of the Uranium One deal is based on dozens of interviews, as well as a review of public records and securities filings in Canada, Russia and the United States. Some of the connections between Uranium One and the Clinton Foundation were unearthed by Peter Schweizer, a former fellow at the right-leaning Hoover Institution and author of the forthcoming book “Clinton Cash.” Mr. Schweizer provided a preview of material in the book to The Times, which scrutinized his information and built upon it with its own reporting.

Whether the donations played any role in the approval of the uranium deal is unknown. But the episode underscores the special ethical challenges presented by the Clinton Foundation, headed by a former president who relied heavily on foreign cash to accumulate $250 million in assets even as his wife helped steer American foreign policy as secretary of state, presiding over decisions with the potential to benefit the foundation’s donors.

There is certainly no smoking gun to absolutely prove that actions by the Clintons were in response to the money they received, but as just one part of a pattern is is unlikely that few beyond Clinton partisans will believe they were innocent of unethical behavior. This, and other similar stories, look far worse for the Clintons by the manner in which Hillary Clinton failed to abide by two Obama policies designed to reduce the risk of such corruption in his administration–increased transparency, including the use of government email, and an agreement, which Clinton violated, to disclose all contributions to the Foundation while Clinton was Secretary of State. While discussing The Disastrous Clinton Post-Presidency, Jonathan Chait wrote:

The Obama administration wanted Hillary Clinton to use official government email. She didn’t. The Obama administration also demanded that the Clinton Foundation disclose all its donors while she served as Secretary of State. It didn’t comply with that request, either.

The Clintons’ charitable initiatives were a kind of quasi-government run by themselves, which was staffed by their own loyalists and made up the rules as it went along. Their experience running the actual government, with its formal accountability and disclosure, went reasonably well. Their experience running their own privatized mini-state has been a fiasco.

It has been an unusual experience, limited to the Clinton and Bush families, for an ex-president to have the opportunity to continue to exert influence due to having other family members in major positions of power. ABC News looked at how Bill Clinton Cashed In When Hillary Became Secretary of State.

After his wife became Secretary of State, former President Bill Clinton began to collect speaking fees that often doubled or tripled what he had been charging earlier in his post White House years, bringing in millions of dollars from groups that included several with interests pending before the State Department, an ABC News review of financial disclosure records shows.

Where he once had drawn $150,000 for a typical address in the years following his presidency, Clinton saw a succession of staggering paydays for speeches in 2010 and 2011, including $500,000 paid by a Russian investment bank and $750,000 to address a telecom conference in China.

“It’s unusual to see a former president’s speaking fee go up over time,” said Richard Painter, who served as chief ethics lawyer in the White House Counsel’s office under President George W. Bush. “I must say I’m surprised that he raised his fees. There’s no prohibition on his raising it. But it does create some appearance problems if he raises his fee after she becomes Secretary of State.”

Public speaking became a natural and lucrative source of income for Clinton when he returned to private life in 2001. Records from disclosure forms filed by Hillary Clinton during her tenures in the U.S. Senate and then in the Obama Administration indicate he took in more than $105 million in speech fees during that 14 year period.

The article also noted that ABC News found some errors in an advanced copy of Peter Schweizer upcoming book Clinton Cash. This is why it is so important that reliable journalistic outlets such as The New York Times are evaluating his data, and that others, including liberal investigative journalists such as David Sirota, are uncovering the same issues while working independently.

While Schweizer has previously written conservative books, he is branching out to a Republican family which has the same ethics issues as the Clinton family. Bloomberg Business reports that Schweizer is targeting Jeb Bush next.

In related news, Reuters reports “Hillary Clinton’s family’s charities are refiling at least five annual tax returns after a Reuters review found errors in how they reported donations from governments, and said they may audit other Clinton Foundation returns in case of other errors.” One question here is whether these were innocent errors or yet another attempt to prevent disclosure of foreign contributions.

Hilary Clinton continues to have a huge lead for the Democratic nomination but there was one development of interest earlier this week when one ex-Clinton backer has switched his support to Martin O’Malley.

Clinton’s lead in the national polls has grown increasingly narrow in recent weeks with the most recent Quinnipiac poll showing Clinton leading her closest Republican opponent, Marco Rubio, by only two points. Of particular concern, the poll found that “American voters say 54 – 38 percent that Clinton is not honest and trustworthy, a lower score than top Republicans.” These polling numbers, which have worsened since the start of the email scandal, very well might get even worse for Clinton as further information comes out over the course of the campaign. At some point those Democrats who are in denial of the seriousness of the accusations against Hillary Clinton may have to consider how their defense of Clinton may be serving to bring about the election of Marco Rubio, Scott Walker, Rand Paul, or some other Republican as the next president.

Update: The New York Times noted this report from Reuters, along with Clinton’s failure to disclose relevant contributions per her agreement with Obama, in their editorial on this matter the following day:

The messiness of her connection with the foundation has been shown in a report by The Times on a complex business deal involving Canadian mining entrepreneurs who made donations to the foundation and were at the time selling their uranium company to the Russian state-owned nuclear energy company. That deal, which included uranium mining stakes in the United States, required approval by the federal government, including the State Department.

The donations, which included $2.35 million from a principal in the deal, were not publicly disclosed by the foundation, even though Mrs. Clinton had signed an agreement with the Obama administration requiring the foundation to disclose all donors as a condition of her becoming secretary of state. This failure is an inexcusable violation of her pledge. The donations were discovered through Canadian tax records by Times reporters. Media scrutiny is continuing, with Reuters reporting that the foundation is refiling some returns found to be erroneous.

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New Book Questions Donations To Clinton Foundation

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Donations to the Clinton Foundation has long been a source of concern to critics of the Clintons on both the left and right. A new book by a conservative author, but which is claimed to be well-sourced, is likley to create further problems for the Clinton campaign, especially in light of an unusual deal in which both The New York Times and Fox have exclusive agreements to use the research for the book for further investigations. The New York Times reports:

“Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich,” by Peter Schweizer — a 186-page investigation of donations made to the Clinton Foundation by foreign entities — is proving the most anticipated and feared book of a presidential cycle still in its infancy.

The book, a copy of which was obtained by The New York Times, asserts that foreign entities who made payments to the Clinton Foundation and to Mr. Clinton through high speaking fees received favors from Mrs. Clinton’s State Department in return.

“We will see a pattern of financial transactions involving the Clintons that occurred contemporaneous with favorable U.S. policy decisions benefiting those providing the funds,” Mr. Schweizer writes.

His examples include a free-trade agreement in Colombia that benefited a major foundation donor’s natural resource investments in the South American nation, development projects in the aftermath of the Haitian earthquake in 2010, and more than $1 million in payments to Mr. Clinton by a Canadian bank and major shareholder in the Keystone XL oil pipeline around the time the project was being debated in the State Department.

In the long lead up to Mrs. Clinton’s campaign announcement, aides proved adept in swatting down critical books as conservative propaganda, including Edward Klein’s “Blood Feud,” about tensions between the Clintons and the Obamas, and Daniel Halper’s “Clinton Inc.: The Audacious Rebuilding of a Political Machine.”

But “Clinton Cash” is potentially more unsettling, both because of its focused reporting and because major news organizations including The Times, The Washington Post and Fox News have exclusive agreements with the author  to pursue the story lines found in the book.

Other media reports state that only The New York Times and Fox have such agreements, and that The Washington Post does not.

Vox has further background information on the controversies surrounding the Clinton Foundation, noting how the controversy harms the Clinton campaign:

  1. It reinforces a series of powerful memes against Hillary Clinton: Republicans say she’s unwilling to play by the same rules as everyone else, and her populist turn on the campaign trail is at odds with her big-dollar fundraising, much of it from foreign governments and individuals.
  2. Perhaps more important — since most Republicans aren’t inclined to vote for her — it reminds Democrats of two toxic perceptions about Clinton within the Democratic Party: she’s too cozy with, perhaps even co-opted by, the very Wall Street and corporate titans who are most reviled on the left (Barclays, Citi, Goldman Sachs, ExxonMobil, and Walmart are all foundation supporters), and she exercises poor judgment around both the money she raises and the company she keeps.”It fuels a narrative that’s not positive,” one House Democrat who supports Clinton’s presidential bid said in an interview Thursday on Capitol Hill. “They [the Clintons] show a real tin ear when it comes to their own behavior.”

Barack Obama was among the first Democrats to show concern over this and insisted that Clinton agree to release the name of donors to the Foundation while Secretary of State. Reuters reported last month that Clinton failed to comply with the terms of this agreement. Frank Rich and Ron Fournier have both written recently on this conflict of interest:

“Follow the money.” That apocryphal phrase, attributed to Watergate whistle-blower “Deep Throat,” explains why the biggest threat to Hillary Rodham Clinton’s presidential dreams is not her emails. It’s her family foundation. That’s where the money is: corporate money, foreign money, gobs of money sloshing around a vanity charity that could be renamed “Clinton Conflicts of Interest Foundation.”

Conor Friedersdorf described how hard  the Clintons have made it to follow the money in an article in The Atlantic. Earlier this month three investigative journalists, Matthew Cunningham-Cook, Andrew Perez, and David Sirota, reported that Clinton had altered her position to support a Colombian trade deal in return for contributions.

It is difficult, if not impossible, to prove that favors provided by Clinton after a contribution were definitely in return for the contribution, but a damaging pattern can be found. This is certain to be used by Republicans in the general election race. While Democratic primary voters might believe her denials, voters in the general election are less likley to. Clinton’s credibility, already low among many voters, is further damaged by her actions including failure to divulge contributors as agreed when Secretary of State, her violation of the rules in effect in 2009 regarding maintenance of email, and her decision to wipe the server.

We won’t know for sure how much there is to this book until the legitimate journalists have had more time to go through the data. The important thing is how the information in this particular book pans out, not the history of the author. The National Enquirer is also generally a poor source, but their story on John Edwards turned out to be true. It is unusual for a book from a conservative that the author is willing to let The New York Times see his research. So far they seem to be confident there is something to this–and there is a good chance considering the reporting along these lines elsewhere.

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Clinton Announces: One More Quasi-Neocon Enters Presidential Race

Hillary Clinton has officially entered the race, adding one more neocon, and still leaving a large hole for a liberal candidate. There’s no doubt she is better than the Republicans in the race (a very low bar to beat) but I am still hoping a true Democrat gets in oppose her. He announcement is exactly the type of video expected although, unlike former Clinton adviser Bill Curry, I’m not sure that the announcement itself matters. Curry wrote, based upon media reports prior to the actual announcement, Hillary Clinton just doesn’t get it: She’s already running a losing campaign:

For months Clinton has run a front-porch campaign — if by porch you mean Boo Radley’s. Getting her outdoors is hard enough; when she does get out it’s often to give paid speeches to people who look just like her: educated, prosperous and privileged.  Needing desperately to connect with the broader public, she opts for the virtual reality of a pre-taped video delivered via social media. Go figure.

Her leakers say she’ll head out on a listening tour like the one that kicked off her first Senate race. They say listening to real people talk about real stuff will make her seem more real. This too may be a good idea, but it made more sense when she was a rookie candidate seeking a lesser office in a state she barely knew. Running for president is different. So are the times. Voters are more desperate now, and in a far worse mood. If you invite their questions, you’d better have some answers. I’ll return to this point shortly.

Her leakers say she’ll avoid big events, rallies, stadiums, that sort of thing. This is about 2008, when she and her tone-deaf team seemed to be planning a coronation. This time they say she doesn’t want to come off as quite so presumptuous. Yet next week she keynotes a ‘Global Women’s Summit’ cohosted by Tina Brown and the New York Times, at which “world leaders, industry icons, movie stars and CEOs convene with artists, rebels, peacemakers and activists to tell their stories and share their plans of action.” Orchestra seats go for $300.

Clinton personifies the meritocracy that to an angry middle class looks increasingly like just another privileged caste. It’s the anger captured best by the old ‘Die Yuppie Scum’ posters and in case you haven’t noticed, it’s on the rise. Republicans love to paint Democrats as elitists. It’s how the first two Bushes took out Dukakis, Gore and Kerry — and how Jeb plans to take out Hillary. When she says she and Bill were broke when they left the White House; when she sets her own email rules and says it was only for her own convenience; when she hangs out with the Davos, Wall Street or Hollywood crowds, she makes herself a more inviting target…

There are three problems that go far deeper than Hillary’s image or her campaign’s operations. Each is endemic to our current politics; all are so deeply connected as to be inseparable. You already know them. The first is how they raise their money. The second is how they craft their message. The third pertains to policy…

On Friday, Clinton’s campaign began the quick, quiet buildup to her Sunday announcement by placing a new epilogue to her last memoir in the Huffington Post. It’s mostly about how being a grandmother gives her new energy and insight. At the end of the piece she says it also inspires her to work hard so every child has as good a chance in life as her new granddaughter has. Her recent speeches, even those her leakers tout as campaign previews, say little more than that.

Barring a Jeremiah Wright-level crisis, a presidential candidate gets just two or three chances to make her case to a big audience. Her announcement is often her best shot. That Hillary passed on hers is unsettling. If she thinks she doesn’t have to make her case real soon she’s wrong. If she thinks she can get by on the sort of mush Democratic consultants push on clients she’s finished. On Thursday the Q poll released three surveys. In two states, she now trails Rand Paul. In all three a plurality or majority said she is ‘not honest or trustworthy.’ You can bet the leak about her $2.5 billion campaign will push those negatives up a notch.

Clinton seems as disconnected from the public mood now as she did in 2008.  I think it’s a crisis. If she doesn’t right the ship it will be a disaster. In politics it’s always later than you think. Advisors who told her voters would forget the email scandals probably say this too will pass. If so, she should fire them…

Like Bill Clinton’s 1992 race, this election is about the economy. But this one’s about how to reform the economy, not just jumpstart it. Our political system isn’t set up to debate whether or not our economic system needs real reform. It will take a very different kind of politics, and leader, to spark that debate. We’ll soon know whether anyone is ready, willing and able to fight.

I agree with much of his criticism, but not that the announcement is her best shot. That might apply to a lesser known candidate, but people already know Clinton, and most have opinions about her. What matters in her case is not any single statement, even her announcement, but what she says throughout her campaign, and she can never escape her record. Pundits expect her to continue to triangulate, compromise liberal principles, and try to avoid saying anything meaningful. In other words, she is playing not to lose–and we see how that often turns out, from football games to her 2008 campaign. At some point she will need to come out of her comfort zone, and hopefully at some point she will truly answers from the press.

Clinton began the invisible primary portion of the race with a huge lead, and it is now withering away. She still has the edge due to name recognition, but she is already slipping seriously in the polls. The most recent national poll available, from Public Policy Polling, shows her lead over Republican challengers down from 7-10 points in February to a 3-9 point lead at present over various Republican challengers. Scott Walker, Marco Rubio, and Rand Paul are all within four points of her, and Rand Paul leads Clinton among independents by 14 points. The latest battleground poll also shows her slipping in key states. Multiple polls show that voters do not find Clinton honest, trustworthy, or that she understands people like them. She probably will get a bounce after the announcement, but after that she cannot afford any further decrease in support.  She still looks most likely to win both the nomination and general election, but there is also a considerable risk that her campaign will be derailed by scandals along the way. Hopefully this will not happen in the fall of 2016, leaving us with a Republican president.

What Clinton can do at this stage of her career is somewhat limited. It is hard to overcome a career most notable for her poor judgment whenever facing the big issues. Stories about influence peddling are bound to continue. With all the connections between the two, it is worth remembering that the family business for the Clinton and Bush family is essentially the same. The email scandal would not by itself derail Clinton, but it will continue to hurt as it reinforces the view that the Clintons do not follow the rules, or tell the truth, along with her long-standing propensity towards secrecy.

There are many reasons why most Democrats want to see Clinton face a primary opponent, with a Bloomberg poll finding that the number of Democrats who say they would definitely vote for Clinton  down from 52 percent in June 2013  to 42 percent at present.  At this point, Martin O’Malley looks most likely to challenge Clinton from the left but there are many months to go before the first contests and other might still get in the race. Clinton should be challenged not only on her economic views, which O’Malley and others are now doing. This should include her foreign policy positions, from pushing for war with Iraq based upon non-existent connections between Saddam and al Qaeda, to advocating a more hawkish viewpoint in the Obama administration. (While Rand Paul initially was seen as a candidate opposing nonconservative foreign policy views, he has been quickly flip flopping to sound like every other Republican.) Environmentalists also question Clinton’s weak and vague record, along with her advocacy for fracking.  Many liberals are also dissatisfied with her record and views on civil liberties and on social issues, ranging from gay rights to feminism and reproductive rights. Clinton has entered the race as the lesser evil, but Democrats should be able to do better.

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Saturday Night Live On Hillary Clinton’s Announcement

Saturday Night Live gave their impression of Hillary Clinton’s announcement that she is running for the Democratic nomination in the video above. She did not come across very well in her first attempt at filming a video on her phone: “Citizens: You will elect me. I will be your leader.”

Other attempts were interrupted by Darrell  Hammond, who returned to play Bill Clinton, with lines such as, “Hillary, isn’t it crazy that phones can take videos now? I mean, if they could have done that in the 90s, I’d be in jail.”

Of course the answer to attempts they did not like was to delete them from Hillary’s phone, leading to a reference to the recent email scandal: “I know a thing of two about that, right?”

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Report Claims Clinton Altered Position On Trade Deal And Human Rights In Return For Contributions To Clinton Foundation

Clinton Media

Despite claims of leaving the White House dead broke, the Clintons have made a fortune since Bill was president. The Clinton Foundation has been thought to be a front for selling political influence by watchdogs on both the right and left. While Republicans think that Hillary wiped the server containing her email to prevent revelations on Benghazi, it is far more likely that if she was covering anything up it related to financial contributions. Reuters has previously reported that Clinton has violated promises to disclose contributions to the Foundation when she was made Secretary of State. Now The Hill, The International Business Times, and Common Dreams are reporting that Hillary Clinton does appear to have altered her views in return for financial contributions to the Foundation from Columbia.

The Hill reports that “The Clinton Foundation reportedly accepted millions of dollars from a Colombian oil company head before then-Secretary of State Hillary Clinton decided to support a trade deal with Colombia despite worries of human rights violations.”

Common Dreams further summarizes the reports:

A new investigative look at the ties between big business interests in Colombia, former Secretary of State Hillary Clinton, and her family’s charitable foundation are raising troubling questions about the role that corporate trade deals and big oil may have played in softening the powerful Democrat’s position on human rights in the South American country.

During her time heading the State Department, presumptive 2016 presidential nominee Clinton stayed silent on reports of violence and threats against labor activists in Colombia, even as her family’s “global philanthropic empire” was developing—and benefiting from—private business ties with a major oil corporation accused of worker-intimidation in the country, according to new reporting published Thursday by International Business Times.

In addition, the IBT investigation shows that after millions of dollars were pledged by the oil company to the Clinton Foundation, Clinton reversed her position on a U.S.-Colombia trade pact she had previously opposed on the grounds that it was bad for labor rights.

As IBT journalists Matthew Cunningham-Cook, Andrew Perez, and David Sirota report:

At the same time that Clinton’s State Department was lauding Colombia’s human rights record, her family was forging a financial relationship with Pacific Rubiales, the sprawling Canadian petroleum company at the center of Colombia’s labor strife. The Clintons were also developing commercial ties with the oil giant’s founder, Canadian financier Frank Giustra, who now occupies a seat on the board of the Clinton Foundation, the family’s global philanthropic empire.

“The details of these financial dealings remain murky,” the article states, “but this much is clear: After millions of dollars were pledged by the oil company to the Clinton Foundation—supplemented by millions more from Giustra himself—Secretary Clinton abruptly changed her position on the controversial U.S.-Colombia trade pact.”

What’s more, an IBT review of public State Department documents shows that “as the Giustra-Clinton foundation relationship deepened, Hillary Clinton and the State Department never criticized or took action against the Colombian government for alleged violations of labor rights at Pacific Rubiales.”

Quite the opposite, in fact: “Instead, Clinton’s State Department issued certifications in 2009, 2010, 2011 and 2012 declaring that Colombia has been complying with human rights standards that are required under federal law for continued U.S. military aid to the country.”

It looks like when Hillary Clinton announces her campaign, she might promise to be the best president money can buy.

Meanwhile in other Clinton news today, Politico reports on both questionable contributions from Morocco along with  how “her husband’s presidential library here is spilling more secrets about her top advisers’ efforts to burnish her image during the eight years she spent as first lady.”

Update: New Book Questions Donations To Clinton Foundation

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Martin O’Malley So Far The Only Liberal In Democratic Race For 2016

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The prospect of Hillary Clinton becoming the Democratic candidate has many liberals increasingly worried considering how out of step Clinton is with liberal views on foreign policy, social issues, government ethics, and the economy. If it comes to it, I believe most liberals will hold their nose and vote for Clinton as opposed to risking another Gore v. Bush campaign in which the Nader votes helped determine the result. However that would be a purely defensive vote for a candidate who does not share our values to prevent a greater evil from being elected. While we are still in the nominating process, many liberals do prefer to see the Democrats nominate a liberal candidate.

There has been considerable excitement around Elizabeth Warren, including recent calls from the Boston Globe, and just recently Lawrence Lessig, for Warren to run. There is even a draft Joe Biden web site. Martin O’Malley might not be as exciting to the grass roots as Warren but he does have one thing going for him. Unlike Warren, O’Malley is actually talking about running.

O’Malley appeared on ABC’s This Week. From MSNBC:

Former Maryland governor Martin O’Malley took a swipe at likely 2016 contenders Hillary Rodham Clinton and Jeb Bush on Sunday, saying that “the presidency of the United States is not some crown to be passed between two families.”

Appearing on ABC’s “This Week,” O’Malley, who is weighing a possible run against Clinton for the Democratic nomination, called the presidency “an awesome and sacred trust to be earned and exercised on behalf of the American people.”

O’Malley — who at times has been reluctant to take on Clinton directly — declined to say whether he thought the former secretary of state would stand up to Wall Street and other special interests. “I don’t know where she stands,” he told host George Stephanopoulos. “Will she represent a break with the failed policies of the past? Well, I don’t know.”

O’Malley is trying to position himself as a more liberal and forward-looking alternative to Clinton, who holds a commanding lead in early polls among Democratic voters and is expected to make her bid official next month.

Chris Cillizza is among the journalists who see O’Mallley as getting more aggressive against Clinton:

So, what’s changed? Well, for one, O’Malley and his team quite clearly see an opening — no matter how small — caused by Clinton’s unforced error on her e-mails. Ramping up the rhetoric is a probing attempt by O’Malley to see whether there really is a plausible path to beat — or at least seriously challenge — Clinton in a primary. Could a liberal’s liberal without a famous last name have a chance — if that person was willing to push (and push hard) the idea that Clinton represents an unnecessary compromise of ideals and an unnecessary continuation of the dynastic politics that people say they don’t like?

Many front runners have lost in the past, including Ed Muskie, Joe Lieberman, Gary Hart,  Rudy Giuliani, and Hillary Clinton in 2008. Clinton does have an unprecedented lead, but she is also in an unusual situation. Her support comes from a combination of her name and gender, but her views are to the right of the party base which turns out in primaries. She has been a poor campaigner, including stumbling in her book tour and response to the email controversy, in addition to the problems in her 2008 campaign. She remains the most likley winner, but not inevitable.

On the other hand, while O’Malley looks like an unlikely winner, the Democrats have often nominated governors who were not well-known nationally before the campaign. This includes ultimate general election winners such as Carter and Bill Clinton, and losers such as Dukakis. O’Malley has a long-shot, but not impossible, chance at winning just by showing up in the nomination race if more Democrats reconsider whether they really want to see the party move to the right, under a leader with a history of poor judgement and loose ethics.

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Obama White House & Top Freedom Of Information Official Worried About “The Clinton Way”

Time The Clinton Way

Hillary Clinton’s response to reports that she has violated the Federal Records Act at her recent press conference have been throughly debunked by media fact-checkers. The Canadian Press has also discussed this with Daniel Metcalf. He is described as, “The senior-most freedom-of-information official in the executive branch of the United States government for over a quarter-century, whose job it was to help four administrations — including the Clinton White House — interpret the Freedom of Information Act, offer advice, and testify before Congress on their behalf.”

Daniel Metcalfe doesn’t buy her explanation. In fact, he calls it laughable.

“What she did was contrary to both the letter and the spirit of the law,” says Metcalfe, the founding director of the Justice Department’s Office of Information and Privacy, which advised the rest of the administration on how to comply with the law. Metcalfe ran the office from 1981 to 2007.

“There is no doubt that the scheme she established was a blatant circumvention of the Freedom of Information Act, atop the Federal Records Act.”

Metcalfe says he doesn’t have any partisan axe to grind. He’s a registered Democrat, though steadfastly non-partisan. He says he was embarrassed to work for George W. Bush and his attorney general, and left government for American University, where he now teaches government information law and policy…

Metcalfe examined a transcript of her press conference, provided by The Canadian Press.

And he dissected it Wednesday, point by point, annotating it in 23 places where he called her statements “deceptive,” “grossly misleading” and impossible to verify.

His overall conclusion from her public appearance: “Her suggestion that government employees can unilaterally determine which of their records are personal and which are official, even in the face of a FOIA request, is laughable.”

Time calls this The Clinton Way in an upcoming cover story with a subtitle, “They write their own rules. Will it work this time?” Some excerpts, trying to limit to current news and leave out the past history discussed in the full article:

The Clintons play by their own set of rules. And in this case, the former Secretary of State explained, those rules bless her decision to erase some 30,000 emails from the family server despite knowing that the emails had become a subject of intense interest to congressional investigators. These were merely “private personal emails,” Clinton averred, “emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.” After she finished taking questions, Clinton’s staff disclosed that no one actually read through those 30,000-odd documents before she “chose not to keep” them…

Still, Clinton’s failure to defuse the email issue, along with a growing list of questions about the family’s relentless fundraising and her husband’s choice of companions, has revived hopes among erstwhile rivals in the Democratic Party that the Hillary dreadnought might actually be sinkable. Backbiting inside the Clinton campaign–a hallmark of her failed 2008 presidential effort–has begun to leak into the political press. Republicans who were morose over their presidential chances mere months ago have a spring in their step…

In her press conference, Hillary Clinton described the private email account on the server inside their New York home as a matter of convenience only. “I thought it would be easier to carry just one device for my work and for my personal emails instead of two,” she said. “Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.”

That explanation was not exactly robust. The Q&A had hardly ended before Clinton’s critics unearthed an interview Hillary had given a few weeks earlier with Re/code co-founder Kara Swisher. “I have an iPad, a mini iPad, an iPhone and a BlackBerry,” Clinton said. So much for simplicity. Others remarked on a matter of timing: Clinton did not carry out her business on an existing personal email account. She specifically set up a new private address–hdr22@clintonemail.com–instead of using a government account. This happened on the very day the Senate Foreign Relations Committee held its first hearing on her nomination as Secretary of State.

As for why this might “seem like an issue,” the answer is not complicated. All federal employees have a legal obligation to preserve their work-related email–and the White House advises appointees to accomplish this by using official government addresses. Email sent to and from .gov accounts is generally archived. In this way, a consistent level of security is maintained. The nation’s history is preserved. Open-records laws are honored. And transparency gets a leg up on “Trust me.”

All this once made sense to Clinton. As a candidate for President in 2008, she included “secret White House email accounts” as part of her critique of the Bush Administration’s “stunning record of secrecy and corruption.” Now, however, Clinton is leaning heavily on “Trust me.” For more than a year after she left office in 2013, she did not transfer work-related email from her private account to the State Department. She commissioned a review of the 62,320 messages in her account only after the department–spurred by the congressional investigation–asked her to do so. And this review did not involve opening and reading each email; instead, Clinton’s lawyers created a list of names and keywords related to her work and searched for those. Slightly more than half the total cache–31,830 emails–did not contain any of the search terms, according to Clinton’s staff, so they were deemed to be “private, personal records.”

This strikes experts as a haphazard way of analyzing documents. Jason R. Baron, a former lawyer at the National Archives and Records Administration who is now an attorney in the Washington office of Drinker Biddle & Reath, says, “I would question why lawyers for Secretary Clinton would use keyword searching, a method known to be fraught with limitations, to determine which of the emails with a non-.gov address pertained to government business. Any and all State Department activities–not just communications involving the keywords Benghazi or Libya–would potentially make an email a federal record. Given the high stakes involved, I would have imagined staff could have simply conducted a manual review of every document. Using keywords as a shortcut unfortunately leaves the process open to being second-guessed.”

Politico reports that the White House frets return of ‘Clinton Way’

They thought she’d changed. They thought maybe she’d picked up a little bit from them about how people respond to awkward secret arrangements and contrived ways of not telling the full story.

This has been a surprising two weeks for aides in President Barack Obama’s orbit as they’ve watched Hillary Clinton’s email mess unfold…

With so much on the line, with so much time to prepare, she’s back to classic Clinton? She’s flubbing a campaign kickoff eight years in the making because she somehow thought that no one would ever care that she set up a secret email server? That anyone would then accept her word that it was OK that she deleted 30,000 emails even though the State Department had been asking for some of them? And then go silent again?

After all, 2008’s “Change you can believe in” campaign slogan wasn’t just a reference to George W. Bush. It was also about her, and the uneasy feeling many people had that with Clinton, something else was always going on.

Obama aides had had that feeling themselves, even after she joined the administration and their staffs tried following Obama’s and Clinton’s leads in building mutual trust, almost to the point of suspension of disbelief.

“You never feel like you’re quite getting the full story, because everyone’s got some side deal or some complicating factor,” said one former Obama aide, reflecting on dealing with Clinton and her circle. “I don’t think there was a conscious effort to watch out for scams. It was more just, you know who you’re dealing with.”

Obama put the priority on keeping clear records when he issued guidelines about using official email accounts, one White House aide noted after Clinton’s news conference, while obviously the former secretary of state determined her priority was something else…

A lot of this has to do with what Obama aides refer to as a culture clash. The Clintons look for loopholes, they say, while Obama takes a special pride, particularly on transparency issues, in sticking to the letter of the law: a combination of cockiness that he’s right, so why not let everyone see how he got there, as well as a background awareness that any scandal would be a scandal for the first African-American president.

“The president has been willing to say and implement provocative policies to shake up Washington,” said one current White House aide. “Willingness to send those signals is a good way to make clear to people that this is the way we’re going to do business: differently.”

…What’s confusing to them is how she didn’t acknowledge that herself, or care. They don’t like to admit it around the West Wing, but as a former first lady and Obama’s main opponent in 2008, Clinton did get more latitude than other Cabinet secretaries in all sorts of decisions, from staffing on down. They’re just hoping that this email server — “the president 100 percent would not have done it this way,” the former aide said, “this is such a clearly nontransparent way of going about it” — is the extent of the latitude she took that they didn’t know about.

Then again, the White House didn’t know she deleted 30,000 emails until they watched her announce it at her news conference on Tuesday. And aides acknowledge that they don’t know how much more they don’t know.

It is a legitimate fear that “the extent of the latitude she took” when Secretary of State exceeds what we know about. My bigger fear is the latitude she would take as president.

Frank Rich compared this to an episode of Veep in which the vice-president announced plans to release her correspondence, and points out that Clinton’s explanation “didn’t pass the smell test.”

That it took Clinton as long as it did to respond to the rising chorus of these questions, and that she did so as defensively and unconvincingly as she did, is yet more evidence that she’s not ready for the brutality of a presidential campaign. This hastily called, abruptly truncated press conference was reminiscent of the mistakes she made last year in her ill-fated book tour. She didn’t schedule yesterday’s appearance until after the most senior of Democratic senators, Dianne Feinstein, essentially demanded that she speak up.

Some of what Clinton said didn’t pass the smell test. It reminded me of an episode in the first season of Veep where the vice-president announces she will release all her internal office correspondence to quell a controversy and then instructs her staff to make sure it’s “Modified Full Disclosure Lite.” That’s what we got here. Why, for instance, would Clinton say that she “didn’t see any reason to keep” her personal emails? Those are precisely the emails that every American keeps.

If she doesn’t become more forthright and less defensive when she’s under fire, this is going to be a very long campaign for her. Though we keep being told that she and those around her are determined not to repeat the mistakes of 2008, so far there’s no evidence of that. And the much tougher questions — starting with those about the donors to the Bill, Hillary and Chelsea Clinton Foundation — are yet to come.

While a growing number of Democrats are starting to worry about her ability to run a presidential campaign, she maintains the front runner due to lack of serious opposition. For example, Dana Milbank writes that Hillary Clinton has little to fear from Martin O’Malley. I don’t think that the speculation on Al Gore entering the race, which I discussed yesterday, is very likely.

I agree with Jonathan Bernstein, who debunks the claim that the Democrats have no bench. The problem is that so far Hillary Clinton has taken all of the air out of the Democratic nomination battle. If we had an open and competitive primary, more people might run, and some would ultimately look like viable presidential candidates. We would be in a situation comparable to 1992 when several candidates ran until one (in that case Bill Clinton) emerged. A candidate who is victorious in such a primary battle will be taken seriously as a presidential candidate. Democrats do not need to settle for a candidate as flawed by Hillary Clinton due to thinking she is the only choice. Nominating someone lacking so lacking in judgment and ethical character as Hillary Clinton will greatly increase the risk of a Republican being elected president in 2016.

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Did Hillary Clinton Learn Anything During All Her Years In Politics?

The report in The New York Times that Hillary Clinton used a private email account while Secretary of State, possibly violating the law, has me wondering whether Hillary Clinton has learned anything during her years in public life. There is no doubt that the majority of attacks on Clinton from the right are bogus. To a certain degree these attacks even give her some protection among thinking people who have seen right wing attacks and conspiracy theories, such as those over Benghazi, constantly being debunked. However this does not mean that there are not people beyond the Fox sheep, including myself, who still have concerns regarding the judgement and integrity of Hillary Clinton. This only increases such concerns, along with concerns about secrecy and lack of transparency on the part of the Clintons.

Hillary Clinton followed the same procedures as Colin Powell before her, and many other politicians, such as Chris Christie and Sarah Palin, have had problems with using private email accounts. In contrast, John Kerry and Barack Obama use secure government email systems. Clinton’s actions look worse in historical context, following the scandals and reckless disregard for transparency during the Bush administration, just before she became Secretary of State. It is also reasonable to hold a Secretary of State, with aspirations to become president, to a higher standard than a corrupt Governor of New Jersey and the incompetent half-term former governor of Alaska. We have low expectations of people such as Christie and Palin, but should expect more of a potential Democratic candidate for president.

Hillary Clinton, if she has any real awareness of her public reputation, should have been aware of how this would have looked. Beyond the legal and security issues this raises, there is the simple question of whether she should have known better, even if no evidence of actual dishonesty is uncovered. Democrats should also have learned something about Clinton in light of her conduct during her 2008 campaign. In retrospect. Jeb Bush now looks far smarter for having released his email, despite the embarrassment of including some private information on constituents which should have been redacted.

Update: Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016. Plus response to the initial reports, and concerns over national security and use of private email to avoid Freedom of Information Act requests.

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Techies Join Other Liberals Who Are Not Ready For Hillary

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Hillary Clinton continues to look like a strong favorite to win the 2016 Democratic nomination, but there continues to be many Democrats who hope that the party decides upon a liberal nominee. This includes the techies who helped Obama to beat her in 2008. Politico reports:

Scores of the Democratic techies who helped Barack Obama defeat Hillary Clinton for the 2008 presidential nomination are now seeking alternatives to Clinton in 2016. Some are even promising the same kind of digital throw-down to sink her presumptive front-runner campaign as they did in 2008.

Clinton is still expected to be able to field a formidable tech team. But her troubles in grabbing many of the party’s young campaign innovators have a good deal to do with Elizabeth Warren, the Massachusetts Democrat who insists she’s not running for president but who has quickly become an appealing pick for Obama alumni who built his two campaigns’ data and digital infrastructure. Earlier this month, more than 300 of Obama’s former campaign staffers, including his chief information officer and senior aides who handled email, online fundraising and field efforts, released a letter begging Warren to jump into the race.

“What we were trying to do is send a signal to the larger country but also to Sen. Warren herself to say a lot of this institutional knowledge and power that’s been built up over the last couple of years actually is with you,” Christopher Hass, an Obama 2008 and 2012 digital campaign aide, said in an interview.

“We’re not robots,” added Catherine Bracy, who led Obama’s San Francisco field office in 2012. “I think people are going to choose the candidate who inspires them the most. And for many of us that’s Elizabeth Warren.”

While Clinton’s other potential 2016 rivals will be widely outmatched on the financial front, they are hardly tech neophytes and each brings his own digital skill sets to compete on the social media battlefield and for critical early votes in Iowa and New Hampshire. After all, Bernie Sanders is arguably Congress’ biggest social media powerhouse; Martin O’Malley has governed both Baltimore and Maryland with an obsessive eye on statistics; and Jim Webb has a proven track record as a candidate willing to use progressive bloggers and viral videos to exploit his opponents’ weaknesses for advantage.

“I’d not be surprised if [Sanders] or one of the others get several bumps over the next six months,” said a senior Democratic source, noting the Vermont senator’s ability to make waves on Facebook and Twitter while Clinton at the same time would be working to define her own new narrative. “I think she’s got an enormous challenge reintroducing a brand that’s been around this long and getting people excited about it. It’s going to be tricky.”

Despite this “enormous challenge,” I doubt that very many Democrats who oppose her nomination doubt that she also has enormous advantages going into the primary race (as she did in 2008).

There have been other expressions of opposition to Clinton winning the nomination. The November issue of Harper’s ran a cover story entitled, Stop Hillary! Vote no to a Clinton dynasty. As I received it just before the 2014 primaries, I decided to hold off on discussion of the 2016 election, but it is worth quoting some portions of this article. Doug Henwood began:

What is the case for Hillary (whose quasi-official website identifies her, in bold blue letters, by her first name only, as do millions upon millions of voters)? It boils down to this: She has experience, she’s a woman, and it’s her turn. It’s hard to find any substantive political argument in her favor. She has, in the past, been associated with women’s issues, with children’s issues — but she also encouraged her husband to sign the 1996 bill that put an end to the Aid to Families with Dependent Children program (AFDC), which had been in effect since 1935. Indeed, longtime Clinton adviser Dick Morris, who has now morphed into a right-wing pundit, credits Hillary for backing both of Bill’s most important moves to the center: the balanced budget and welfare reform. And during her subsequent career as New York’s junior senator and as secretary of state, she has scarcely budged from the centrist sweet spot, and has become increasingly hawkish on foreign policy.

The purpose of the article was a response to those who see her as a liberal by looking at her career.  Henwood wrote, “despite the widespread liberal fantasy of her as a progressive paragon, who will follow through exactly as Barack Obama did not. In fact, a close look at her life and career is perhaps the best antidote to all these great expectations.” He has considerable detail on her career. He wrote this on health care:

Hillary was given responsibility for running the health-care reform agenda. It was very much a New Democrat scheme. Rejecting a Canadian-style single-payer system, Hillary and her team came up with an impossibly complex arrangement called “managed competition.” Employers would be encouraged to provide health care to their workers, individuals would be assembled into cooperatives with some bargaining power, and competition among providers would keep costs down. But it was done in total secrecy, with no attempt to cultivate support in Congress or among the public for what would be a massive piece of legislation — and one vehemently opposed by the medical-industrial complex.

At a meeting with Democratic leaders in April 1993, Senator Bill Bradley suggested that she might need to compromise to get a bill passed. Hillary would have none of it: the White House would “demonize” any legislators who stood in her way. Bradley was stunned. Years later, he told Bernstein:

That was it for me in terms of Hillary Clinton. You don’t tell members of the Senate you are going to demonize them. It was obviously so basic to who she is. The arrogance. . . . The disdain.

Health-care reform was a conspicuous failure, and most of the blame has to fall on Hillary.

Hillary got Bill to agree to veto any compromise as opposed to HillaryCare in full. The result was forcing us to wait another generation before we had health care reform.

Henwood discussed the scandals which surrounded Clinton, pointing out how she responded “with lies, half-truths, and secrecy.” He described aspects of her Senate career, including her prayer breakfasts with Republicans and her support for the Iraq war:

She buddied up to John McCain and attended prayer breakfasts with right-wingers like Sam Brownback of Kansas. She befriended Republicans who had served as floor managers of her husband’s impeachment. Even Newt Gingrich has good things to say about her.

Oh, and she voted for the Iraq war, and continued to defend it long after others had thrown in the towel. She cast that vote without having read the full National Intelligence Estimate, which was far more skeptical about Iraq’s armaments than the bowdlerized version that was made public — strange behavior for someone as disciplined and thorough as Hillary. She also accused Saddam Hussein of having ties to Al Qaeda, which was closer to the Bush line than even many pro-war Democrats were willing to go. Alas, of all her senatorial accomplishments, this one arguably had the biggest impact. The rest were the legislative equivalent of being against breast cancer.

Her tenure as Secretary of State was just as hawkish:

For her own part, Hillary was less of a diplomat and more of a hawk, who had made a campaign-trail promise in 2008 to “totally obliterate” Iran in the event of an attack on Israel. Part of this may have been pure temperament, or an impulse to prove that she was tougher than a man. But she may also have been reacting against public perception of the job itself. As the feminist scholar Cynthia Enloe, who specializes in gender and militarism, told me in a 2004 interview, there’s a “long history of trying to feminize the State Department in American inner circles.” Diplomats are caricatured as upper-class pansies instead of manly warriors. Bush, Cheney, and Rumsfeld even attempted to feminize Colin Powell, she argued, “which is pretty hard to do with somebody who has been a general.”

But the problem becomes particularly acute with a female secretary of state — and Hillary countered it with a macho eagerness to call in the U.S. Cavalry. She backed an escalation of the Afghanistan war, lobbied on behalf of a continuing military presence in Iraq, urged Obama to bomb Syria, and supported the intervention in Libya. As Michael Crowley wrote in Time, “On at least three crucial issues — Afghanistan, Libya, and the bin Laden raid — Clinton took a more aggressive line than [Defense Secretary Robert] Gates, a Bush-appointed Republican.”

Fortunately, as one diplomat put it, Obama “brought her into the administration, put her in a bubble, and ignored her.” That would also be good advice for Democrats as we go into the battle for the 2016 nomination.

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Why Stock Market Investors Vote Against Their Self Interest

When I saw that James Carville had written an op-ed for The Hill entitled Why do people vote against their interests? I thought it was going to be another article along the lines of What’s The Matter With Kansas? by Thomas Franks. We have seen plenty of material on how lower income people vote against their economic interests in voting Republican. This includes people in places like Kansas, and the white working class voters across the country.  The answer comes down to a combination of 1) people voting on interests beyond economics, along with 2) voters being deceived by right wing propaganda. In this article, Carville actually looked at a different group, stock market investors:

I have no earthly idea why a stock market investor would vote Republican — all you have do is look at the numbers. The numbers are staggering, breathtaking and unimaginable. How anyone with even a penny in the market would vote for their interests and choose a Republican is unexplainable.

Well, let me put this in terms for those savvy stock investors: it is like having a discussion about Apple stock versus Lehman Brothers stock.

Before we begin, I would like to be clear that I am not even going to mention the president who presided over the greatest economic boom since World War II, whose brilliant strategy was a combination of tax increases on the wealthy, family and medical leave for working families, an increase in the minimum wage and adherence to Keynesian policies. While I would love to include my friend and former client Bill Clinton’s record in this piece, it really wouldn’t be fair. I don’t like watching my Louisiana State University Tigers play Sam Houston State and I don’t think you would like to read about such a staggering disparity — it would be a blowout. So, let’s focus on President Obama and former President Reagan.

Since Obama was sworn in on Jan. 20, 2009, Standard & Poor’s 500 index has gone up approximately 115 percent, the Dow Jones industrial average has experienced a growth rate of 146 percent and, perhaps most impressively, Nasdaq has grown in size by 188 percent. Two thousand days into his presidency, the major stock indexes under Obama have had average gains of 142 percent — compare that to the record under Reagan, who saw gains at 88 percent during that same time period.

Russ Britt of MarketWatch notes, “the average stock-market gain under four post-Depression Democrats through each one’s 2,000th day in office has outpaced the average gain of the four Republicans in the era by a factor of nearly 4 to 1. Democratic gains have averaged 133%, while Republican market advances have had a mean of 33%.”

Stock market investors are not uniform in their beliefs and some might vote Republican based upon social issues, but if the affluent voters I know are any indication, economic views are by far the dominant factor in influencing the political action of most. This leads to an exclusion of the first factor I mentioned above for the majority of them but the second still holds.

Of course this does not apply to all stock market investors. An increasing number of affluent voters are backing Democrats, often due to a combination of opposition to the social positions of Republicans, their hostility to science and reason, and the recognition that the economy does do better under Democrats.

The reasons that many stock market investors continued to be fooled by Republicans can be further broken down. One problem is that while Republicans are unable to govern, they certainly play politics far better than Democrats. They have been successful in spreading misconceptions that they are more pro-markets and better for the economy, while Democrats have done a poor job of pointing out that Republican support for plutocracy is harmful to a market economy. Some have tried with cries against income inequality, but using such words is counter-productive. We will always have income inequality in the sense that some will do better than others, and this is not the real issue. The real problem is the rigging of the system Republicans to benefit the ultra-wealthy at the expense of everyone else, including most stock market investors.

The specifics of policy are also greatly exaggerated by the right wing noise machine. Many affluent voters believe that they are better off voting for Republicans because Democrats support higher tax rates as they look to maximize their wealth by every dollar possible. The reality is that the increased marginal tax rates proposed by Democrats will still leave them with historically low tax rates. Most of us will make far more money, both due to a stronger economy and increased stock market gains, than will be taxed with a few point increase in the top tax bracket.

Carville concludes by saying, “With such glaring facts and evidence, I ask stock investors to reexamine, reconsider and reinvest their confidence in the Democratic Party.” I would suggest that he first concentrate on getting Democratic candidates to do a better job at explaining the record of their party and the economic implications of their policies. I hope that he is doing this when talking with Democrats.

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