December 12, 2008: The Clinton Foundation makes an agreement with the White House over conflict of interest issues.

Bruce Lindsey (Credit: Win McNamee / Reuters)

Bruce Lindsey (Credit: Win McNamee / Reuters)

In late 2008, when it becomes clear that newly elected President Obama will nominate Hillary Clinton to be his secretary of state, the Clinton Foundation presents a very large conflict of interest problem. There is a particular concern that foreign governments could use donations to the foundation to influence the Clinton-led State Department.

As a result, on December 12, 2008, the foundation’s CEO Bruce Lindsey signs a memorandum of understanding with Valerie Jarrett, co-chair of Obama’s transition team. It allows governments which had previously donated to the foundation to continue to do so, but only at existing yearly levels. It details an ethics review process for new donating countries or countries that want to “materially increase” their support. However, it does not prohibit foreign countries with interests before the US government from continuing to give money to the foundation.

The Washington Post will later report, “Some of the donations came from countries with complicated diplomatic, military, and financial relationships with the US government, including Kuwait, Qatar, and Oman. Other nations that donated included Australia, Norway, and the Dominican Republic.” The Post will also note, “Foreign governments and individuals are prohibited from giving money to US political candidates, to prevent outside influence over national leaders. But the foundation has given donors a way to potentially gain favor with the Clintons outside the traditional political limits.”

The agreement will expire when Clinton ends her tenure as secretary of state in February 2013. (The Washington Post, 2/25/2015(US Senate, 12/18/2008) The agreement covers the Clinton Giustra Enterprise Partnership (CGEP), a Canadian offshoot of the Clinton Foundation that some will later call a “slush fund” for the Clintons. The agreement will be broken in the case of the CGEP, as the Clinton Foundation will not reveal the names of those who donated through the CGEP. (Bloomberg News, 4/19/2015(Harper’s Magazine, 11/17/2015) 

The agreement will also be broken in other aspects. For instance, in 2015 it will be reported that the foundation didn’t disclose any foreign donors to the public, despite that being stipulated in the agreement. It will also emerge that no punishment was spelled out if the agreement was violated. (The Boston Globe, 4/30/2015)

December 17, 2008: The Clinton Foundation’s donor list includes foreign governments as well as business leaders.

Clinton pays an official visit to King Abdullah, in Saudi Arabia, on March 30, 2012. (Credit: Reuters)

Clinton pays an official visit to King Abdullah, in Saudi Arabia, on March 30, 2012. (Credit: Reuters)

Since it began in 1997, the Clinton Foundation had never revealed who its donors were, as it is not legally required to do so. But on this day, with conflict of interest an increasing issue due to Hillary Clinton about to become President Obama’s secretary of state, the foundation releases its list of donors for the first time. Over 200,000 people and entities gave over $500 million to the foundation since it was created. Some of these donations do show conflict of interest concerns, especially in relation to Hillary’s new secretary of state role.

In 2015, the Washington Post will report that the 2008 list of donors “included foreign governments, such as Saudi Arabia and Qatar, which could ask the State Department to take their side in international arguments. And it included a variety of other figures who might benefit from a relationship—or the appearance of a relationship—with the secretary. A businessman close to the ruler of Nigeria. Blackwater Training Center, a controversial military contractor. And dozens of powerful American business leaders, including some prominent conservatives, such as Rupert Murdoch.” Additionally, “It appeared that some wealthy donors—who traveled with [Bill] Clinton or attended his events—also had made valuable business connections at the same time.” For instance, Canadian mining financier Frank Giustra “attended Clinton-related events and met the leaders of Kazakhstan and Colombia, countries where he would later make significant business deals.” (The Washington Post, 6/2/2015) (The New York Times, 12/18/2008)

Former US Treasury Department official Matthew Levitt says donations from “countries where [the US has] particularly sensitive issues and relations” will invariably raise conflict of interest concerns. “The real question is to what extent you can really separate the activities and influence of any husband and wife, and certainly a husband and wife team that is such a powerhouse.”

Hillary Clinton’s spokesperson says the disclosure of donors should ensure that there would be “not even the appearance of a conflict of interest.” (The New York Times, 12/18/2008)