Legal Commentary

NYTimes: State Is Hillary's, Subject To Bill's Accepting Conditions

By Big Tent Democrat

While the story takes a different tone, my view is that this Times story confirms the Guardian story. The nuts, imo:

While aides to the president-elect declined Monday to discuss what sort of requirements would make it possible for Mrs. Clinton to serve as secretary of state, they said Mr. Obama would not formally offer her the job unless he was satisfied that there would be no conflicts posed by Mr. Clinton’s activities abroad.

(Emphasis supplied.) The key word is "formally." The offer is conditional and conditions on Bill Clinton's activities have been stated. This is shrewd from the Obama team. The story is if Hillary is not offered State, it is going to be Bill who vetoes it. I think it is also clear from the story he will not:

Associates of the Clintons said that Mr. Clinton was likely to have to make significant concessions and that he was inclined to do so. Among other things, they said, he would probably have to agree not to take money for speeches from foreign businesses that have a stake in the actions of the American government. Another obvious issue, Democratic lawyers said, would be whether Mr. Clinton’s foundation should accept money from foreign governments, businesses or individuals for the foundation’s philanthropic activities and if it should disclose those donors publicly.

“The problem is it’s going to require some sacrifice by him,” said a former Clinton aide who is not involved in the discussions but did not want to be identified because the talks are confidential. “If he’s not willing to do that, it could blow up.”

The Guardian story is, in my view, a confirmation that Bill Clinton has in fact agreed to the conditions. The rest of the Times story is standard issue Clinton Derangement stuff. I doubt it is relevant.

The upshot? Hillary Clinton will be the next secretary of State.

By Big Tent Democrat, speaking for me only

Full post as published by TalkLeft on November 17, 2008 (boomark / email).