Blog ››› ››› ERIC BOEHLERT
Joining a long list of concerned media voices, The New York Times' editorial page this week linked up with the Beltway chorus to express alarm over the Clinton Foundation and the “question” it presents for Democratic presidential nominee Hillary Clinton’s campaign.
Surveying the well-trampled ground of supposed conflicts of interest and insinuations that Clinton sold State Department access to donors, the Times announced a pressing “need for major changes at the foundation now, before the November election.”
As part of its declaration, the newspaper dutifully noted, “‘Pay-to-play’ charges by Donald Trump have not been proved.” But the Times, like so many other lecturing voices, was quite clear in claiming that the Clintons have to address concerns about optics even if that means shutting down their landmark global charity. That’s how important it now is for the do-good foundation to be spotless and pure: Optics trump humanitarianism.
Or, there’s no proof anybody did anything wrong, therefore drastic actions must be taken to fix the problem.
The meandering foundation story has become a case study for the Beltway media’s double standard: holding Clinton to a higher mark that’s based on optics, not on facts. Unable to prove misconduct or anything close to it (just ask the AP), the press relies on the comfy confines of “optics” and the “appearance” of conflict to allow them to attack Clinton and the foundation.
For Clinton, it’s a can’t-win proposition. If the press says the story looks bad, even if there’s nothing to suggest it actually is bad, she gets tagged with an optics problem. And because journalists are the only ones handing out the grades, they get to decide how bad it looks.
But the journalism malpractice doesn’t end there. It extends to the fact that the press doesn’t apply the same visual test to Republican nominee Donald Trump, whose far-flung business dealings would represent an actual, even historic, conflict of interest were he to be elected president.
Also, note that high-profile Republicans have run foundations in the past, accepted big donations, and never been hounded by the press regarding supposed optics violations.
What’s so strange about the current “appearance” phenomenon is that the narrative often runs right alongside media concessions about the lack of evidence proving Clinton wrongdoing.
“Let’s be clear, this is all innuendo at this point. No pay for play has been proven. No smoking gun has been found,” announced NBC’s Chuck Todd. “But like many of these Clinton scandals, it looks bad.”
A recent NPR report also perfectly summed up the media’s working equation:
There's no question the optics are bad for Clinton and the Clinton Foundation. But no proof has emerged that any official favors -- regulations, government contracts, international deals -- were curried in exchange for donations or pledges.
On and on the parade marches: “Even if they’ve done nothing illegal, the foundation will always look too much like a conflict of interest for comfort” (Boston Globe). “At the very least, there is an appearance of a conflict of interest for the foundation” (CNN’s Anderson Cooper).
Perhaps the strangest presentation came from a Times news report that claimed “the potential for real or perceived conflicts of interest” was causing problems for Clinton. Think about that for a minute. Not only is Clinton being graded on perceived conflicts of interest, but also on potential perceived ones.
The media’s emphasis on optics when relating the foundation story represents a giant tell in terms of how soggy the supposed scandal really is. As Matthew Yglesias noted at Vox:
It’s natural to assume that where there’s smoke, there’s fire. But the smoke emanating from the Clinton Foundation is not a naturally occurring phenomenon. It is the result of a reasonably well-funded dedicated partisan opposition research campaign, and of editorial decisions by the managers of major news organizations to dedicate resources to running down every possible Clinton email lead in the universe.
It also seems like journalists aren’t even sure what they’re trying to accuse the Clintons of doing. Optics violations can be confusing like that.
From Slate: [emphasis added]
But you don’t need to believe the Clintons are guilty of intentionally engaging in quid pro quo (though it’s not crazy to think they may have) to know that there is something wrong with a dynamic where it is nearly impossible to prove that they did, or even that they didn’t.
It’s not possible to prove any Clinton Foundation wrongdoing, therefore the Clinton Foundation must be “shut down.” In fact, the charitable outpost should’ve been closed “yesterday.”
Even if Hillary were somehow able to completely separate the donations -- to say nothing of her and her husband’s speaking fees, which have often come from many of the same corporations who fund their family foundation -- from her official decision-making, she simply has no way of preventing the appearance of pay for play. And the mere perception of access matters, both in the financial marketplace and the political one.
That is, frankly, a bizarre and impossible standard: Clinton must eliminate even the “perception” of special access. I mean, people realize every member of Congress accepts money from donors, right? Therefore, every donor who gives money instantly creates the possibility of purchased access. When is Slate going to cross-check schedules for every member of Congress to see how many donors they meet with and then demand each member eliminate even the “perception” of access?
Meanwhile, all of this optics policing unfolds while Clinton’s Republican opponent serves as an executive on more than 500 companies. So why the relative media silence about Trump’s boulder-sized conflicts of interest? Where are the litany of editorials demanding he take preventive action to fix the optics?
I’ve seen some good coverage in the business press about Trump’s massive conflicts (“Donald Trump's 500 Businesses Would Pose 'Unprecedented Ethical Dilemma'”), but little attention from the Beltway media, especially as compared to their relentless obsession with alleged Clinton conflicts.
Lastly, the media’s ceaseless hand-wringing over the Clinton Foundation represents a brand new way of covering charities run by famous political figures. The media allegation that wealthy donors give to the Clintons simply to cash in favors at a later date represents a cynical narrative that simply did not exist in previous Beltway foundation coverage.
Note that Colin Powell founded a charity, America’s Promise. Then he became secretary of state under President George W. Bush.
What happened to the charity? From Yglesias at Vox:
Well, Powell’s wife, Alma Powell, took it over. And it kept raking in donations from corporate America. Ken Lay, the chair of Enron, was a big donor. He also backed a literacy-related charity that was founded by the then-president’s mother. The US Department of State, at the time Powell was secretary, went to bat for Enron in a dispute the company was having with the Indian government.
Did donors send big checks to Powell’s family foundation in order to gain access to him, to his son Michael, who was then commissioner of the Federal Communications Commission, or to other Bush administration officials? We don’t know, in part because the press never turned the issue into an “optics” obsession.
The press also didn’t seem relentlessly interested in finding out whether big donors were sending checks to the American Red Cross in 1996 while Sen. Bob Dole (R-KS) ran for president. At the time, Dole’s wife, Elizabeth, ran the charity.
Today, “optics” has become the go-to campaign theme for journalists who can’t find evidence of Clinton malfeasance. That’s not what campaign reporting is supposed to be, but the misleading craft is thriving. And in this election cycle, the flimsy, malleable standard only seems to apply to her.
And the examples listed above are just a small sample of media figures obsessing about optics recently. Some others:
The meetings between the Democratic presidential nominee and foundation donors do not appear to violate legal agreements Clinton and former president Bill Clinton signed before she joined the State Department in 2009. But the frequency of the overlaps shows the intermingling of access and donations, and fuels perceptions that giving the foundation money was a price of admission for face time with Clinton.
It just plain looks bad. Really bad.
To be clear: I have no evidence -- none -- that Clinton broke any law or did anything intentionally shady. But, man oh man, does this latest news about the Clinton Foundation cloud her campaign's attempts to paint the charity group and her State Department as totally separate and unconnected entities.
There is not an ounce of proof suggesting criminality or racketeering, no indication that Secretary Clinton performed special favors for foundation donors.
Nevertheless, there are plenty of Clinton allies who are troubled by her ties to the foundation because it simply looks bad.
Appearances are important, even if intentions are pure.
No, it is not “the most corrupt enterprise in political history,” as Donald Trump is calling it, nor is there enough evidence of potential criminality to warrant appointment of the special prosecutor Trump is seeking. But the only way to eliminate the odor surrounding the foundation is to wind it down and put it in mothballs, starting today, and transfer its important charitable work to another large American charity.
Even if every one of the meetings that Secretary Clinton had with foundation donors was a meeting she would have had anyway, the impression that one can pay to play means that there’s no tidy way to wall the two off.
If she didn’t do anything wrong, why won’t she defend herself? By avoiding taking responsibility, Clinton only exacerbates the perception she is dishonest and untrustworthy, the primary hurdle on her path to the White House. Optics matter when the issue is transparency.
We can all readily agree that the optics of Clinton granting audiences to deep-pocketed swells who had sent tens of millions of dollars to the Clinton Foundation are not good.
The Clinton Foundation and the appearance of corruption.
And the U.S. Supreme Court has recognized a “compelling government interest”—which can justify restrictions of the fundamental right to free speech—in avoiding even the appearance of corruption. The “quid” and the “quo” are enough, even if the “pro” can’t be proved.