The candidate's client list

Michael Zeldin:

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.

...

It appears that Hillary had a much closer relationship to McDougal than Obama had to Rezko. She has also taken campaign contributions from more questionable characters like Rezko. The accusation is very Clintonian. Take a slice of the truth and shape it into an EFP (exposive formed penetrator) aimed at opponents. It is one of the weapons in the politics of fraud as practiced by the Clintons. Think of how they used portions of statements by Bob Dole or Newt Gingrich to turn the meaning on its head when it came to Medicare.

Lawyers will tell you that they get their business from their friends, because the people who do not like them will not do business with them as a general rule. In the case of Rezko and McDougal it can be legitimately claimed that both were friends of the firm, but in both cases the politicians became friends and wound up doing business transactions with the firm's clients. That is a practice that is frowned on in the investment banking business, but not so much in the legal business. In the political business in can be embarrassing, unless, like Hillary, you are completely shameless.

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