THE WALL STREET JOURNAL
COMMENTARY
Hillary's Smear Campaign
By MICHAEL ZELDIN
January 31, 2008; Page A17
Beginning with the South Carolina debate, and continuing as an applause line
in many stump speeches thereafter, Hillary Clinton has accused Barack Obama
of representing an inner-city slum lord while practicing law in Chicago. Of
all people, Sen. Clinton should know better.
During the Whitewater investigation, Independent Counsel Kenneth Starr
investigated the legal work performed by Mrs. Clinton, then a partner in the Rose
law firm, on behalf of Jim McDougal and his bank, Madison Guaranty. Mr. Starr
believed that Mrs. Clinton helped orchestrate the fraudulent land deal known
as Castle Grande. He subpoenaed her billing records, hauled her before a
grand jury, and relentlessly pursued her.
In her defense, Mrs. Clinton and her attorneys asserted that her involvement
in the matter was de minimus. As one of independent counsels who preceded
Mr. Starr, I was interviewed repeatedly on the subject. I wholeheartedly
defended Mrs. Clinton.
I believed that the evidence revealed that Mrs. Clinton, who spent a total
of only 60 hours of work on the case over a 15-month period, was not
substantially involved in the matter and did nothing improper in her work on behalf of
Madison Guaranty. In the end, no charges were brought against Mrs. Clinton
because there was insufficient evidence to prove that she knowingly assisted
anyone in the perpetration of a fraud.
Yet, when an opportunity presented itself in the debate, Mrs. Clinton,
without so much as a blink of an eye or the slightest blush, denounced Sen. Obama
for representing "Tony Rezko in his slum landlord business in inner-city
Chicago." Her accusation invites scrutiny. Not so much for the truth of the
accusation (the facts are quite straightforward and completely benign) but as a
window into Mrs. Clinton's character and as a lens with which to see whether a
Clinton presidency will be a vehicle for change.
The facts are well documented: Upon graduation from Harvard Law School in
1991, Mr. Obama, the first African-American president of the Harvard Law review,
could have named his job at any law firm or corporate legal department in
America. Instead, he selected a boutique civil rights law firm, Miner Barnhill
& Galland, where he represented community organizers, discrimination victims
and black voters trying to force a redrawing of city ward boundaries.
During his tenure at Miner Barnhill, the firm accepted the representation of
the Woodlawn Preservation and Investment Corp., a nonprofit group that
redeveloped a run-down property on Chicago's South Side. Mr. Rezko, not the client
of the firm, was assisting Woodland with City housing redevelopment
projects. As a junior associate, Mr. Obama was asked by his supervising attorney,
William Miceli, to do about five hours of basic due diligence and document
review. That began and ended his involvement in the case.
No one who has ever practiced law, let alone Mrs. Clinton, could argue, with
a clear conscience, that these five hours on behalf of a church group that
partnered with a man who at a later point in time would be alleged to be a
scoundrel equated to knowingly representing a Chicago slumlord. Yet she could
not resist leveling the accusation.
I suggest that this provides a window into Mrs. Clinton's character because
notwithstanding the enormous suffering she had to endure when accused of
wrongful conduct in her representation of Madison Guaranty -- a representation
that appears to have been no more than a routine business transaction -- she is
willing to behave no differently than did her Whitewater accusers if she can
gain politically. She appears to have learned no lessons from the Starr
investigation.
Mrs. Clinton's willingness to ignore the truth for short-term political
advantage is exactly what breeds the partisanship that's paralyzed Washington for
too many years, and the cynicism felt by so many Americans, especially the
young. Getting ahead by any means possible is the strategy. Once elected, the
candidate falsely believes that he or she will be able to set things right and
govern differently. All that was said in the campaign is rationalized -- it
will be forgiven and forgotten as part of the hyperbole of the election
process.
Sadly, it just isn't so. No one forgets and no one forgives in Washington.
(Ask John Kerry if he has gotten over the Swift boat smear campaign.) How you
get elected defines who you will be once in power. Mrs. Clinton has shown us
with this one simple, baseless accusation why it will be hard for her
candidacy to represent a change. She appears too comfortable with the politics of
personal destruction if she can gain a political advantage.
Mr. Zeldin is a former independent counsel and federal prosecutor in
Washington, D.C. He has volunteered for Barack Obama in the Democratic primary
campaign.
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