Posted by Curt on 11 June, 2015 at 10:00 am. 2 comments already!

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Chris Cillizza:

Bill Clinton sat for an interview with Bloomberg News on Wednesday to talk about, among other things, the controversy surrounding the Clinton Foundation and his wife’s 2016 presidential bid.  And, in the course of that conversation, he let loose with this stunner: “Has anybody proved that we did anything objectionable? No.”

Um, what?

This is the latest in a string of statements by the former president that suggest he still doesn’t grasp why the Clinton Foundation questions continue to swirl and, because of that lack of understanding, remains unable to effectively parry them. Let’s go through the problems with Clinton’s answer.

First, there’s little doubt that some of the donations accepted by the Clinton Foundation have been viewed as objectionable by lots and lots of people. To cite one example: Allowing the Qatar Supreme 2022 Committee, organized to lure the World Cup to the nation, to serve as the main sponsor for a 2013 Clinton Global Initiative event. Qatar has been tied to not only allegations of wide-scale bribery of FIFA to acquire the games but is also the subject of widespread humanitarian concerns regarding the number of deaths related to the construction of the soccer stadiums to host the World Cup in 2022.

So, on its face, the claim that no one has come forward to object to certain donations/donors is just not right.

Then there is the fact that Clinton’s answer on the foundation seems to be based on the idea that he and his wife are operating in a legal sphere for the next two years. They’re not. They’re living in the world of politics — and the rules of that world are far different than those of a court of law.

Clinton’s argument boils down to the idea of a burden of proof. As in, if there’s something truly objectionable in what the foundation has done, then someone should prove it.  Legally speaking, Clinton’s right.  If you think he or the foundation broke some sort of law, then you should need to provide conclusive evidence of when, where, why, what and how.

But  of course, what we are mostly talking about when it comes to the Clinton Foundation is the gray area between contributions made by donors and decisions made by the foundation that benefited those people.  Proving that sort of quid pro quo in a legal setting is virtually impossible barring a smoking gun — like an e-mail that says: “Mr. X gave $300,000.  Let’s fund his project now.”

In politics, however, gray areas can be exploited to great advantage by your political opponents. Raising questions about the timing between donations to the Clinton Foundation and decisions made that lined the pockets of those donors is totally within the bounds of acceptable — and effective — negative messaging.  Republicans don’t need to prove that the Clinton Foundation did anything untoward. The burden of proof that there was no wrongdoing lies with the Clinton Foundation.

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