Paul Waldman

Paul Waldman is the Prospect's daily blogger and senior writer. He also blogs for the Plum Line at the Washington Post, and is the author of Being Right is Not Enough: What Progressives Must Learn From Conservative Success.

Recent Articles

Why Hillary Clinton Is Getting a Bum Rap On the Uranium Deal

I'll give Peter Schweizer this: Not since the Swift Boat veterans has someone gotten as much press coverage for their critical book about a presidential candidate. And though his book, Clinton Cash, hasn't come out yet, and it may well contain stories that really do point to malfeasance on Hillary Clinton's part related to contributions to the Clinton Foundation, the story this book rollout has led with—about the approval of a sale of a uranium mining concern to a Russian company—has some real problems. I did a rundown at the Plum Line today, but there's one key point I want to focus on.

This sale had to be approved by the Committee on Foreign Investment in the United States (CFIUS), which is an inter-agency group made up of the heads of nine different federal departments. The whole question here is whether the fact that the Clinton Foundation got contributions from people with an interest in seeing that sale approved led to Hillary Clinton exercising influence over the sale. Schweizer argues that you don't need an explicit quid pro quo for something like that to be problematic or even illegal, which is true. The problem with this case is that there doesn't seem to be any quo at all. The guy who was the State Department's representative on CFIUS says Clinton didn't intervene in the matter, and for the moment we don't have any information to suggest she was involved in the decision in any way. Here's some of what I wrote today:

Even if Clinton had wanted to make sure the sale was approved, it wouldn't have been possible for her to do it on her own. CFIUS is made up of not only the Secretary of State, but also the secretaries of Treasury, Justice, Homeland Security, Commerce, Defense, and Energy, as well as the heads of the Office of the U.S. Trade Representative and the Office of Science and Technology Policy. The Director of National Intelligence and the Secretary of Labor are non-voting members, and CFIUS's work is also observed by representatives of other agencies like the National Security Council and the Office of Management and Budget. The idea that Clinton could have convinced all those officials and all those departments to change their position on the sale, even if she had wanted to, borders on the absurd.

Furthermore, the official who was the State Department's representative on CFIUS at the time, Jose Hernandez, told Time magazine that Clinton did not participate in the evaluation of this deal: “Secretary Clinton never intervened with me on any CFIUS matter,” he said.

So in this case, we have no evidence of a quid pro quo, and we don't have evidence that Hillary Clinton took any action at all with regard to this sale, in favor of the interests of the donors or otherwise. In interviews, Schweizer has referred repeated to "dozens of examples" and "a pattern" in which donations are made to the foundation and official action by Hillary Clinton occurs thereafter. His book hasn't come out, so we don't yet know what he's referring to, but in the uranium case, there doesn't appear to be any official action Hillary Clinton took one way or another.

Schweizer was pressed on that point yesterday by both Chris Wallace and George Stephanopoulos, and he gave essentially the same answer both times. Here's what he said on Fox News Sunday:

Well, here's what's important to keep in mind: it was one of nine agencies, but any one of those agencies had veto power. So, she could have stopped the deal. So, what's interesting about this, of all those nine agencies, who was the most hawkish on these types of issues? Hillary Clinton.

So the alleged wrongdoing isn't that Clinton helped the people who gave donations to the foundation, it's that she failed to oppose them, something that the secretaries of defense, treasury, and all the other agencies also failed to do, with or without donations to foundations controlled by members of their families. Schweizer repeatedly compared Clinton to former Virginia governor Bob McDonnell, who was convicted of corruption, and Sen. Bob Menendez, who is currently under indictment, arguing that in those cases there also wasn't direct evidence of a quid pro quo. But in those cases there were specific acts that the officials took in support of the person who had lavished gifts on them. In this case, Schweizer's criticism of Clinton rests on the fact that she failed to intervene in the sale, and came to the same conclusion about it as the heads of eight other agencies did.

Anyone who's been reading my work here knows that I'm hardly a reflexive cheerleader for Hillary Clinton. I've criticized her plenty in the past, and I'm sure I'll have grounds to criticize her in the future. But on this particular case, it doesn't seem like she did anything wrong. Schweizer's argument is essentially that we have to keep looking to figure out the connection. But if he can't even come up with the official action that was supposedly influenced by contributions to the Clinton Foundation, then he has no leg to stand on.

Does the fact that the Clinton Foundation took contributions from foreign sources who had interests before the U.S. government warrant some examination? Absolutely. Investigative reporters should check all those contributors out. And frankly, I would be surprised if those donors didn't hope that their contributions would buy them some good will (even if the money was going to good purposes). The real question, though, is what Hillary Clinton did.

It certainly would have been preferable if the Clinton Foundation had stopped accepting foreign contributions completely when Hillary became secretary of state. Given everything that's happened in the past, she had a particular obligation to stay 100 miles from anything carrying even the faintest whiff of ethically questionable behavior. She obviously didn't stay far enough away. But that doesn't mean she actually did anything wrong, at least not in this case. 

Pity the Purist in the GOP Primaries (A Tear for Bobby Jindal)

(AP Photo/Nati Harnik)
I t's the season for pandering to the base, which is as good a time as any to ask whether the glorious, fascinating mess that is today's Republican Party can ever unify enough to win back the White House—or whether unity is something they should even be after. Because it may well be that a fractured, contentious GOP is the only kind that can prevail next November. You probably missed it, but over the weekend nearly all the Republican presidential candidates (with the notable exception of Jeb Bush) hotfooted it back to Iowa to participate in the Iowa Faith & Freedom Coalition Forum, where they testified to the depths of their love for the Lord and their hatred for His enemies, particularly Barack Obama and Hillary Clinton. The entreaties to this band of the base—important in primaries everywhere, but critically so in Iowa, where 57 percent of the attendees at the Republican caucuses in 2012 identified as born-again or evangelical Christian—are a good reminder of the internal and...

Maybe Unity Is the Last Thing Republicans Need

It's the season for pandering to the base, which is as good a time as any to ask whether the glorious, fascinating mess that is today's Republican Party can ever unify enough to win back the White House—or whether unity is something they should even be after. Because it may well be that a fractured, contentious GOP is the only kind that can prevail next November.

You probably missed it, but over the weekend nearly all the Republican presidential candidates (with the notable exception of Jeb Bush) hotfooted it back to Iowa to participate in the Iowa Faith & Freedom Coalition Forum, where they testified to the depths of their love for the Lord and their hatred for His enemies, particularly Barack Obama and Hillary Clinton. The entreaties to this band of the base—important in primaries everywhere, but critically so in Iowa, where 57 percent of the attendees at the Republican caucuses in 2012 identified as born-again or evangelical Christian—are a good reminder of the internal and external challenges the candidates face.

According to multiple reports, the biggest ovations were given to two candidates who are almost certainly not going win the primaries: Bobby Jindal, who has already made clear that he wants to be the most sectarian candidate in the race, and Carly Fiorina, whose pitch many of the assembled probably hadn't heard before. But Scott Walker, the son of a Baptist minister, was enthusiastically received as well. Walker's message, the New York Times reported, "is that in an unusually fractured Republican field, with 10 or more candidates potentially on the ballot in the Iowa caucuses next year, he is best positioned to unite the party."

And he may well be, since he is liked by everyone from evangelicals to Tea Partiers to the plutocrats waiting to anoint the candidates with a shower of cash. The problem is that if you haven't ticked off some faction of the Republican Party, you've probably put yourself in a dangerous place for the general election.

Think about where Republican candidates have gotten in trouble within their party. Jeb Bush has been attacked for talking about undocumented immigrants with compassion, and Marco Rubio alienated many by seeking comprehensive immigration reform. Rand Paul ruffled feathers by questioning whether a return to Cheneyite foreign adventurism is really in America's interests. Ted Cruz got criticized for attending a fundraiser at the home of two gay supporters. Rick Santorum (yes, he's back) raised eyebrows by advocating an increase in the minimum wage.

What do all these little dissents and blasphemies have in common? In every case, the thing that the candidate did to upset Republican primary voters would make him more attractive to voters who aren't Republicans—and the Republican nominee will need a healthy chunk of them to win. So the candidate who can unify the Republican Party may by definition be the one who will start the general election at a disadvantage.

Not that any candidate wants significant portions of his party disgruntled and disillusioned after a bitter primary campaign. But by next summer, unifying the party with real enthusiasm from all sides will probably mean proposing tax cuts for the wealthy, last-ditch opposition to marriage equality, an interventionist foreign policy, a crackdown on immigration, and doing nothing on climate change (among other things)—and doing so with the zeal of the true believer. That's not a program likely to win many converts who aren't already committed to the conservative cause.

The response that most Republicans are gravitating toward (which has been expressed most forcefully by Cruz and Walker) is that this isn't really a problem at all, because capturing independent votes isn't about lining up with them on issues, it's about having confidence in your conservatism. It's the kind of advice you can find in a hundred self-help books: Keep your chin up and your chest out, walk in like you own the room, give everyone a firm handshake and a hearty clap on the back, and they'll be drawn to your powerful electoral charisma, with success inevitably to follow.

This argument has obvious appeal. It says that winning is about attitude, and requires no compromise on the things you (or the primary voters) find important; even if an independent voter disagrees with you, they'll be so impressed by your firm gaze that they'll rally to your side. And there's some truth to it, at least insofar as voters don't just tally up a checklist of issues and determine which candidate they agree with more.

The irony is that winning the primary is in significant part about issues. Primary voters are paying attention, and with so many candidates to choose from, they've got plenty of opportunities to eliminate some based on even one area of disagreement. Stray from what they want to hear, and you can be punished—and it won't do much good to say that a year from now, independent voters might find precisely that heresy appealing.

So anyone who could be a uniter will also be a divider: Unite the party and you'll put up a wall between yourself and the general electorate. In the right circumstances and from the right candidate, that wall might be low enough to leap over. But it might be better to leave behind at least a few bruised feelings and ideological doubts.

Photo of the Day, Departure Edition

Attorney General Eric Holder says goodbye to Justice Department employees on his last day on the job. Tonight on Fox: What crimes has Attorney General Loretta Lynch already committed, and what is she covering up?

Ted Cruz Is So Done With the Senate

Ted Cruz was the only senator to miss the vote on Loretta Lynch's confirmation as attorney general, despite his vociferous objections to her nomination, because he was on his way to a fundraiser—a circumstance that generated some predictable mockery. Yet as Philip Bump tells us, Cruz has actually missed lots of votes—70 percent of them this month, more than any other senator. Bet let me defend the gentleman from Texas.

Obviously, we want our senators to vote on bills and nominations. That's a big part of what we send them to Washington to do. At the same time, there are very few votes where one senator's vote makes the difference, and the outcome of this particular conflict was clear to all. Cruz's opposition to Lynch would have been made no more emphatic had he actually been there to offer his official thumbs-down.

The fact that Cruz has missed more votes than anyone else isn't too shocking either, not only because he's running for president—an enterprise that takes up a lot of one's time—but also because legislating never really was his first priority to begin with. He's a show horse, not a work horse, and he sees his job not as passing legislation but as using his position as a platform to advocate the things he believes in. He's certainly not alone in that.

And at a time when Congress accomplishes very little, there aren't that many votes of consequence to begin with. Lynch's confirmation may have been one of them, but as a general matter, not much depends on whether Ted Cruz is there to vote or not.

So go ahead, Senator—skip it. We don't need to pretend that you're really trying to legislate. That's not your thing, and that's OK. Of course, your constituents might not feel exactly the same way I do.

Pages