Newt Gingrich: Clinton foreign donations ‘clearly’ violate Constitution | PunditFact

Published April 27, 2015 by wallacedarwin


Fact-checking the April 26 shows, ‘Clinton Cash’ | PunditFact =-O

Claims about Hillary Clinton conflict of interest NOT supported :-$  

The American system often distinguishes between public officers and private foundations, “even if real life tends to blur some of those distinctions,” said American University law professor Steve Vladeck. Vladeck added that the Emoluments Clause has never been enforced.

“I very much doubt that the first case in its history would be because a foreign government made charitable donations to a private foundation controlled by a government employee’s relative,” he said. “Gingrich may think that giving money to the Clinton Foundation and giving money to then-Secretary Clinton are the same thing. Unfortunately for him, for purposes of federal regulations, statutes, and the Constitution, they’re formally — and, thus, legally — distinct.”

Robert Delahunty, a University of St. Thomas constitutional law professor who worked in the Justice Department’s Office of Legal Counsel from 1989 to 2003, also called Gingrich’s link between Clinton and the foreign governments’ gifts to the Clinton Foundation as “implausible.”

“The truth is that we establish corporate bodies like the Clinton Foundation because the law endows these entities with a separate and distinct legal personhood,” Delahunty said.


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