Mr. President-Elect: Judge Abner Mikva Is Right About Sen. Clinton as Secretary of State

Crossposted from The Field.

"When we have an announcement about Cabinet appointments, we will make it. There is no doubt that I think people want to know who's going to make up our team, and I want to move with all deliberate haste, but I want to emphasize deliberate as well as haste. I'm proud of the choice I made of vice president, partly because we did it right. I'm proud of the choice of chief of staff because we thought it through. And I think it's very important in all these key positions, both in the economic team and the national security team, to -- to get it right and -- and not to be so rushed that you end up making mistakes."

- President-elect Barack Obama, November 7, 2008

There are many annoying aspects of the noise machine that is blaring that arrogant and cacophonous yet familiar mantra: "Clinton is inevitable."

We heard it for all of 2007 when they told us that Senator Clinton was the inevitable Democratic nominee for president.

And we're hearing it all over again regarding that same Senator Clinton and the position of Secretary of State...

"It's a done deal. It's inevitable. He's already offered it. She's already taken it."

I say to you now as I told you and so many others then: It is not inevitable.

And there's a very interesting twist in the story tonight because one Chicagoan of gigantic integrity has stepped forward to insert some reality into the noise.

Abner Mikva - former federal judge, law professor, member of Congress, reformer of Chicago politics, chairman of the Illinois Human Rights Commission... and former White House Counsel to President Bill Clinton - told the New York Times today:

The vetting of Mr. Clinton's myriad philanthropic and business dealings is "complicated, and it may be the complications that are causing hesitation on both sides," said Abner J. Mikva, one of Mr. Obama's closest supporters and a White House counsel during the Clinton administration. "There would have to be full disclosure as to who all were contributors to his library and foundation. I think they'd have to be made public."

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.

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."

One proposal, floated by Mr. Mikva and several other aides involved in the vetting process, would be for Mr. Clinton to separate himself from the activities of his foundation, including raising money.

"It's not just what he does or says - it's the fact that the foundation is involved with foreign countries, some of which might well be in conflict with U.S. policy," Mr. Mikva said. "It's more than a legal problem - there are ethical problems and appearance problems."

God bless that man. Abner Mikva is a national treasure, one that has lived long enough with a front row seat to history to cut through the bull and identify what is most important in these hours of decision.

Mikva has stirred the hornet's nest. His words got Politico's Ben Smith out of bed and on the phone with Chicago. Now hear this:

The transition communications director, Dan Pfeiffer, says Obama adviser Abner Mikva didn't speak for the campaign in a Times story that went online this evening, in which Mikva appeared to set an almost impossibly high bar for approving Hillary Clinton as Secretary of State....

A Democrat who saw the quotes suggested Mikva's words were Obama's way of walking back the suggestion that Senator Clinton could serve as secretary of state.

But Pfeiffer, asked if Mikva spoke for the campaign, responded, "no."

Mr. President-elect: You said, on November 7, that in making cabinet appointments you "would not be so rushed that you end up making mistakes."

Like so many of those here, below, at the grassroots base that refuse to believe the noise machine that seeks to demoralize us and make a lie of your own statement, if - and we say "if" because we have never believed the noise machine's spin, and that is why you are president-elect today - but if you are at all persuaded by the pressures upon you turn your foreign policy over to a media freak show, we invoke the immortal words of Oliver Cromwell to the Church of Scotland in 1650 when it sought alliance with the Crown: "I beseech you, in the bowels of Christ, think it possible you may be mistaken."

Few are the voices - like the brave and wise Abner Mikva - with the wisdom and courage to stand up to the sycophants being rolled at present by the Mighty Wurlitzer!

Among us are David Ignatius, who writes in the Washington Post:

"The game changer in foreign policy is Barack Obama himself. Traveling in Europe earlier this month, I was stunned by the excitement he has aroused. The day after the election, the French newspaper "Le Monde" carried a cartoon atop its front page that showed Obama surfing a red, white and blue wave. Above him, it said: "Happy New Century!" You can sense the same enthusiasm around the world -- in the Middle East, Africa, Latin America and Asia. Even among the followers of radical groups, such as Hamas and the Taliban, Obama has inspired a sense of change and opportunity.

"Given this ferment, the idea of subcontracting foreign policy to Clinton -- a big, hungry, needy ego surrounded by a team that's hungrier and needier still -- strikes me as a mistake of potentially enormous proportions. It would, at a stroke, undercut much of the advantage Obama brings to foreign policy. And because Clinton is such a high-visibility figure, it would make almost impossible (at least through the State Department) the kind of quiet diplomacy that will be needed to explore options."

As Ignatius demonstrates, there are cases when what seems like and addition turns out to subtract from the overall sum of riches.

And Ken Silverstein with his Five Reasons Hillary Clinton should not be Secretary of State:

"The Clinton style of management-for example, pitting one faction of staff against another-would be a disaster at the State Department. Just look at how well it worked on the campaign trail."

And Justin Raimundo of antiwar.com:

"Hillary opposed every significant peace initiative he put forward during the campaign, including a timetable to get us out of Iraq and direct negotiations with our adversaries. She derided this last - and very encouraging - stance as 'naïve' and 'dangerous.' Is this the person who will now be expected to take the lead in facilitating those talks?"

And since when have Raimundo and Marty Peretz been on the same page on any matter? Heed and listen:

"There have been so many Hillary Clintons that I suspect that none was authentic... I believe Barack is playing with fire."

You may not believe any of those people (I often disagree with some of them, but each of their words rings true in this case), and you may not believe me. We don't know yet if you do or not, and we will await the word from your lips before presuming anything. But surely you cannot ignore the words of the national treasure that is Judge Abner Mikva.

There are better uses and positions for someone of the undeniable talent of Senator Clinton in your cabinet, or even on the Supreme Court, but the discretion and diplomacy required of the next Secretary of State to undo the grave messes already created cannot, should not, must not be placed in the hands of someone who - even if it is through little or no fault of her own - is a magnet for the kind of media circus that the mere suggestion of her appointment has drawn already.

Do not wake up on January 21 - or soon after - with the words of the great Abner Mikva ringing in your ears, lamenting that you did not heed them when you could:

"It's more than a legal problem - there are ethical problems and appearance problems."

No Drama, Mr. President-elect, at this hour of the first crisis of your presidency-elect. Ethics matter, even when they do not play to the crowd, especially at those moments when few have the fortitude to consider them important and fight for them.

Do the right thing, Mr. President-elect. And in the absence of other voices that so far shrink from their public duties at this hour of moral crisis, I bid you: Good night. And good luck.

Comments

[grata2ude]

Hogwash. Its Hilary and those that dislike her better get over it. She''ll do a fine job too. President Obama didn't suddenly come down with a case of the stoopids and the cabinet he's putting together will be great.

[artsandminds]

There are many who believe that this was the deal she stuck in order for her to concede in the primary and subsequently give her support, 'give me SOS and I will help you win the White House, or I will help McCain' (as she already had).

[qcbucki]

Get off your blatant dislike for the president elect. Can you hold your ire until something really goes wrong??

[wickedgrandma]

Will the Clinton bashing ever end? Hillary Clinton is, without doubt, superbly qualified to perform with excellence, the position of Secretary of State. The articles quoting Judge Mikva and Ken Silverstein are attempts to stir up the same old fear and hatred that was unleashed on Bill Clinton during his Presidency. Enough. Her dissenters should have learned one important lesson from this last election. The millions of voters who elected Obama, are just sick and tired of listening to the dissenters dredge up the fear mongering and character assassination that has characterized that last eight years of our government. Leave the Clintons alone. Using Hillary's possible nomination to the Secretary of State position to continue the war on Bill Clinton is reprehensible. Would this be such an issue of Bill and Hillary were Republicans? I doubt it. No more wasting $$$$$MILLIONS on special prosecutors to dig into every detail of the Clinton's life! So what about the sniper fire story - IT IS OVER!
Wickedgrandma

[artsandminds]

In your comment you are mixing two very different situations. Right wing nuts that wanted to dirty the Clinton name pushed the White Water investigation, which was a travesty and should never have been conducted. But do not think for a second that apposing Clinton as SOS is in anyway comparable. Many of us, Obama supporters, were voting for Obama and against the Clintons. Elections have consequences. Clinton lost, and her supporters need to accept that. You need to understand that when you run a campaign such as she did, filled with right wing smearing, and all her supporters lapped it up: he"s a Muslim, he is inexperienced, naive, hung around with terrorist¦ (McCain Palin used it but we heard it first from the first woman to run for president, real nice).
So don"t blame us for being skeptical of her or you her unscrupulous supporters. There are many who believe that this was the deal she stuck in order for her to concede and subsequently give her support, give me SOS and I will help you win the White House, or I will help McCain (as she already had).

[thinkinggrandma]

Mr. Obama, please listen to what judge Mikva has to say. His points are valid. There is also the question of Seanator Clintons foreign affairs knowledge and diplomatic skills. Take the time you said you would to make as good a choice as you did choosing Senator Biden as your running mate.

[desertmouse]

I find the idea of appointing HRC to be Secretary of State unacceptable. Judge Mikva's opinion is a valid one. HRC has shown herself to NOT be the type of person we want to represent the USA around the world. You should worry about what face she would be showing in which country. Look back on the campaign to see how her persona changed to suit whatever the day's agenda happened to be. She would be a continual detriment to your agenda. Include her husband and you will be dealing with an endless effort on their part to get HRC elected at the end of YOUR FIRST TERM.

I, strongly, recommend against including HRC in your cabinet.
desertmouse

[thinkinggrandma]

I totally agree with this article and the reason's why Senator Hilary Clinton would not be a good choice fopr Secretary of State. I am also concerned about her diplomatic skills. Mr. Obama you did a good job of choosing and vetting your Vice President ; now do as good a job with the very important position of Secretary of State. You do have some time to avoid making a huge mistake.

[Intelligentia]

From the start, I have advocated for Eric Holder as AG, Bill Richardson as Secreytary of State. Although the Clintons did a lot of things during the primaries that completely changed my views about them, I am taking the lead of President (elect) Obama's vision of how and what America should be. If he is willing to forgive the Clintons, considering that he was the one who absorbed the political beatings, I am in no position to bear grudges against the Clintons. That being said, I still do not think that Clinton should be the Secretary of States. This is not necessarily because of vetting, because, had she been the nominee, she would have been the President, which would have been more than Secretary of State. If President Clinton's business dealings did not disqualify her from becoming the President of the United States, had she been elected, they should not disqualify her from being the Secretary of State. However, Governor Bill Richardson should get the job. We need fresh ideas for our foreign policy, especially in Middle Eastern and African issues. Unless Governor Bill Richardson is unable, health-wise, to do the job (he did not look good the last time I saw him on tv, his face was twitching as if he had just had a stroke, causing neurological problems), I see no reason why he should not be the Secretary of State. If Senator Clinton is selected, she wouldn't do anything to jeopardize America or her political aspirations.

[msblkwidow]

I have a feeling that Bill Richardson and Barack Obama have already had the Secretary of State conversation. Maybe Hillary Clinton IS Barack's second choice. We have to speculate too much. This is nerve-wrecking.

[PennP]

Thank you, Mr. Giordano, for collating those dissents from the pro-Hillary lockstep. The idea of HRC as SoS never made sense to me, and only now is it becoming apparent that the denouement of the appointment might have been the intention all along. Keep the idea alive long enough to boost the mood of all of her supporters, then as sooon as the tide starts turning among his own supporters, raise the spectre of vetting Bill, a surefire deal killer. Use your enemy's energy against him--an old principle of martial artists..

[lemekid]

"No Drama, Mr. President-elect, at this hour of the first crisis of your presidency-elect. Ethics matter, even when they do not play to the crowd, especially at those moments when few have the fortitude to consider them important and fight for them." Absolutely true. Ethics matter. Period. Especially for the position such as Secretary of State.

While the presidency is the face of America that the rest of the world see, so does the SOS. This is no Hillary bashing but Barack Obama could have selected others such as Kerry or Hagel, two of the best man for the job in my honest opinion.

Barack Obama needs someone who backs him thru and thru from the beginning of the campaign for the SOS and at the same time, has the statesmanship quality. Kerry and Hagel both have those qualities IMO. I'm talking as a foreigner and a supporter of Barack here.

[canarypapers]

An emphatic amen to every word in this post. To those out there who think these objections are mere exercises in Clinton-bashing, you need to do your homework -- beginning with reading this post word-for-word, sans the preconceived umbrage.

[Moncar]

Well, what's left is still trashing the Clintons. One hopes President-elect Obama scans through these comments for they serve as a preview of coming attractions of the trashing awaiting him.

When the oh-so-pure of heart are offended they turn, quickly and viciously, on yesterday's hero.

What say we give the man a chance and a little more repect. If he believes Mrs. Clinton best suited to be Secretary of State, so be it. Resignation is always just a signature away.

[canarypapers]

"Resignation is always just a signature away"?

Those of us who haven't re-written history still remember Hillary's graceless, un-gracious departure from the primaries (happening, as it did, not nearly soon enough after her Bobby Kennedy, um, "gaffe"). Did you even read the content of the above post, or did you just scan it for flavor, concluding after a few words that it was a Clinton-bashing piece?

Those of us who remember Hillary's graceless, un-gracious departure from the primaries (happening, as it did, not nearly soon enough after her Bobby Kennedy, um, "gaffe") know all too well the damage the Clintons sometimes choose to before and during their departure. Do you really think our country needs this right now?

[msblkwidow]

Oh ye of little faith! How soon we forget. It was the Clinton Administration that cleaned up our mess in the nineties. Remember!

I know, from experience, that the Clinton's interest is only to bring about a better America. I understand how many of you feel about Hillary but, she did what Politicians do to get into office. Yes, it's ugly. But, Barack showed the world that you don't have to get down and dirty to win an election but, I'll bet you he knows how to get down and dirty if he really has to. I'm sure Hillary and Bill are sorry for the complications they caused during the Primaries.

Do we think that because the election is over that Obama suddenly lost all sense of direction...that he has become a numb-skull...that his intelligence has seeped out of his ears (as Bill Cosby would describe it)...No, I don't think so. His brilliance is still there. He is still the same bright young man who ran an awesome campaign. Let's see what he does before we "Crucify Him, Crucify Him!"

[Ugonna]

I'd like to thank you for this article. It gives me hope that this appointment won't happen. :)

[Emlyn]

I voted for Bill Clinton twice. I thought he was a good President. I can't tell you how many times I have wished and prayed that he was still President when BUSH was President. I think of all the terrible things that have happened under Bush's regime - they wouldn't have happened under Clinton.

Obama will make the final choice. If its Hillary, then its Hillary. Let's just sit back and let him handle it. He knows more about it than we do.

Some of you are jumping on the bandwagon and you don't know which way the wagon is going.

[diablorobotico]

I can do you one better: I voted for Bill twice and Hillary once -- for the Senate. I wouldn't vote for either of them for dogcatcher now.

This isn't the 1990s and they aren't the same Clintons. Even if they were, the old Clintons are not the answer to today's problems.

Hillary as Secretary of State would be a disaster. She proved this by her own disastrous Presidential campaign. She does not belong in any Cabinet postion.

[lgwenmurphy]

Surely you have noticed that all and their grandparents have come out advising President Elect to choose Sen. Clinton. They even suggest he will have two for one! Well, if she is selected, that is exactly what we will have because Bill knows and she does not. Bill will use the opportunity to shine and speak for Hillary when in fact, the job would be hers. Her management of her campaign team was attrocious. Even this event was leaked almost as if the Clintons think Obama will be swayed by public opinion, that the selection is the people's choice. Sooooo, if you don't pick her, at least, a number of people will be mad at Obama. How negative! It's a dangerous game she is playing, she didn't win and will not be satisfied unless he suffers for not picking her. She once said "you cannot pick your family but you can choose your pastor." Well, she chose her husband. Too much drama!

[msblkwidow]

ditto!!!

[NevaforLeadership]

Obama campaigned on change, integrity and transparency.

Hillary Clinton is anathema to all three.

Change: She is associated with an old administration; one filled with scandals. Also, foreign leaders have recently said they want a new face.

Integrity: Remember sniper fire in Bosnia, peace in Ireland, Chelsea jogging around the twin towers on 9/11, despite evidence to the contrary. Remember the vicious, untrue Clinton campaign smears against Barack Obama, eagerly taken up by Palin. Remember the policy flipflops to meet policy trends of the day. Remember the Clinton scandals (cattle futures; missing Rose Law Firm files; firing of the Travel Office and prosecution of an innocent victim; missing materials from Vince Foster's office; Hillary Clinton's healthcare fiasco and her abominable treatment of Congressman Jim Cooper whose healthcare proposal gained traction while hers did not; Gennifer Flowers; Paula Jones and the push to discredit her; Monika Lewinsky; impeachment; Peter Paul and allegations of campaign fraud; Bill Clinton's relationship with Nazarbayev of Kazakhstan....) Remember Hillary Clinton was fired from the Watergate Judicial Committee for being a dishonest, unethical lawyer and a liar, which should have precluded her from any public office.

Transparency: One reason for Hillary Clinton's healthcare failure was her propensity to work in secrecy, alienating those around her. The Clinton scandals: not enough evidence to charge her, but apparently several of the special prosecutors' forensic paths led to no other than Hillary Clinton.

Secretary of State you say? Obama's first big mistake -- the end of the beginning?!

[canarypapers]

READ THE ABOVE COMMENT for an an excellent recap on the Clinton annals.

There are many in this country who still believe in the myth of the Clintons. I voted twice for Bill. One of my family members, an attorney, worked in the Clinton White House. We all loved the the Clintons. That is, until we began to learn what they were really about. Those who still cling to the Clinton myth are either uninformed, or they're in the Clintons' pocket. There's not much room for anything in-between the two.

[Darlen]

Excellent summary of the Rodham Clinton c.v. And great article.

The very thought of such a person as Secy of State is insulting to all who worked so hard against what she stands for and FOR a candidate who never stooped to her lies, distortions, race- and gender-baiting tactics. (Inredible, to me that some continue to say she ran a great campaign. She tried every crooked trick in the book to bring it down to the Clinton's usual trashy level, showing clearly her questionable ethics, with zero transparency on finances and foreign deals essential for vetting candidates for such a critical position. Many skeletons in her closet should continue to haunt her -- the sanitizing of Whitewater files in a White House closet,; her disingenuous claim of lack of knowledge of that. (What stories Maggie Williams could tell if only she would.) And again disingenuous 'shock" of her husband's vulgar escapades, after having been an enabler by silence for so many years. (Stephanopolous claimed she was energized by her leadership of the cover-up of the scandals.) They disgraced and sullied the office of President. In banking scandals re UBS and Banco Nationale Lavore (imagine lavore =laundry" !, Clinton paid millions to the latter when the Bushes threatened to expose Rodham Clinton's activities in europe..

I implore the Obama team not to insult us with this appointment. We need a wise, and worthy person of intelligence and integrity to serve him in these critical times.

[msblkwidow]

Annddddd....So what. So What???? So what!!! SO WHAT! so what. SOOOOO Whhhaaaatttt! How ever you want to read this comment. These comments are for all of the nasties that Hillary Clinton did in her past. So what. None of what she DID in her past can compare to the MESS George Bush and his Administration has done to this country and to all of us. Impeachment, so what...Paula Jones so what...Peter Paul, so what... So what, So what, So what.

[lemekid]

Thank you Al. I hope Barack Obama read this article. I am one of his foreign supporter and I totally agree with you Al on this. You put it so perfectly.

[Frenchy9]

Yes, the argument is very complete and very well put.
I agree with it ...almost.

Isn't it possible that people (Hillary) could herself change in a new surrounding?

Biden was considered as a Zionist. Same for R. Emmanuel? And there will be Denis Ross.

However, in spite of these appointments, it is difficult to imagine that the US will not make pressure on Isral over the Palestinian injustice.

BO could very well choose Karry, or Hagel or Richardson. If he propose to H.Clinton, he (and his team!) might see some good reason. She has some qualities (if they are well managed...)