Winter Break WK #2: “Risks Seen For Clinton As Husband Lists Donors”

By James V. Grimaldi and Philip Rucker
Washington Post Staff Writers
Friday, December 19, 2008; A01

Former president Bill Clinton’s disclosure yesterday that foreign governments and state-sponsored agencies have donated between $75 million and $165 million to his foundation highlighted a series of potential conflicts that Hillary Rodham Clinton could face should she become secretary of state.

The kingdom of Saudi Arabia made one of the largest contributions, between $10 million and $25 million, as did the Australian government’s overseas aid program and a Dominican Republic agency that fights AIDS. The William J. Clinton Foundation also raised more than $1 million each from the governments of Brunei, Kuwait, Oman and Qatar.

The former president had resisted releasing the list of donors during his wife’s presidential campaign, but he agreed to do so when it became a possible issue as President-elect Barack Obama was considering whether to make her part of his Cabinet.

The list — containing more than 200,000 donor names — shows the extent to which Bill Clinton relied on foreign governments, especially those of Middle Eastern oil states, to establish his foundation over the past decade. In many cases, those governments have national interests that have routinely come before the State Department and other U.S. government agencies.

Obama transition officials believe Clinton’s disclosure “goes above and beyond in preventing conflicts,” spokesman Tommy Vietor said. “Past donations to the Clinton Foundation have no connection to Senator Clinton’s prospective tenure as secretary of state. Going forward, all donors will be disclosed on an annual basis, and new donations from foreign governments will be scrutinized by government ethics officers.”

The release of the Clinton donors shows for the first time the scope of his international fundraising and charitable efforts since leaving the White House in 2001. Norway and the national charitable lottery of the Netherlands gave more than $5 million, for example, and the Swedish lottery also donated. The Jamaican and Italian governments each contributed more than $50,000.

“It is going to be complex to disassociate the specialized interests of the foundation of Bill Clinton from certain foreign interests that are represented by the U.S. government,” said James Thurber of American University’s Center for Congressional and Presidential Studies. “But I think they can do it. I don’t think it is a major issue yet, but you never know, when it comes to Bill Clinton, what might come out.”

Since it was established in 1997, the Clinton Foundation has raised more than $500 million, which has financed construction of Clinton’s presidential library in Little Rock as well as charitable programs in global health, poverty, climate change and education. The donations have gone to an estimated 150 countries and provided medication to some 1.4 million people living with AIDS, according to foundation staff. In partnership with former president George H.W. Bush, the foundation also raised millions of dollars for recovery efforts along the Gulf Coast after Hurricane Katrina.

The list released yesterday includes some controversial figures and companies. Affiliates of the Korean conglomerate Hanwha — Hanwha L&C, Hanwha Engineering and Construction, and Hanwha Stores — donated about $1 million after Clinton traveled to Seoul in 2003 and appeared with Hanwha Group Chairman Kim Seung-youn. Kim has been charged and jailed in Korea on public corruption allegations.

Another donation followed Clinton’s trip to Kazakhstan in 2005 on the private jet of Frank Giustra, a financier of mining ventures. On the trip, Clinton praised Kazakhstan’s authoritarian president, and Giustra later entered into agreements to invest in uranium projects controlled by Kazakhstan’s government. Giustra donated $10 million to $25 million, and the Clinton Giustra Sustainable Growth Initiative gave between $1 million and $5 million.

A donation of more than $25,000 came from Andre Agapov, a Russian mining company owner who allegedly worked with the Russian secret police for President Boris Yeltsin.

Other contributors include Friends of Saudi Arabia and the Dubai Foundation, as well as Saudi businessman Nasser Al-Rashid, each giving more than $1 million. Haim Saban, the Egyptian-born media tycoon who funds many Israeli initiatives, gave more than $5 million.

Among the top donors were foundations created by Microsoft founder Bill Gates and his wife, Melinda Gates, and Scottish retail-clothing executive Tom Hunter. Also on the list of the biggest contributors, giving between $10 million and $25 million each, are real estate and Hollywood mogul Stephen L. Bing, New York billionaire B. Thomas Golisano, Gateway computer co-founder Theodore W. Waitt and Chicago media executive Fred Eychaner. Black Entertainment Television founder Robert L. Johnson gave more than $1 million.

Billionaire financier and political supporter George Soros and his Open Society Institute each gave major donations, while the Arkansas-based foundations linked to retail giant Wal-Mart each gave at least $1 million.

The list also includes gifts from companies damaged in the current economic meltdown, such as Lehman Brothers, Citigroup, Freddie Mac and General Motors.

Entertainment figures on the list include producer Steven Spielberg, actors Cameron Diaz and the late Paul Newman, and singers Barbra Streisand and Carly Simon. New York Yankees owner George Steinbrenner and Formula One driver Michael Schumacher also donated.

“I want to personally express my deepest appreciation to our many contributors, who remain steadfast partners in our work to impact the lives of so many around the world in measurable and meaningful ways,” Bill Clinton said in a statement. “We have just begun — and it is an honor and privilege to be on this journey alongside each and every person who is committed to our foundation’s ongoing charitable mission.”

The foundation did not release the exact amounts or dates for donations, but it did include donors who gave very small amounts, going beyond the normal requirements for federal campaign disclosures. The donors were classified by amount of their gifts, within ranges.

Clinton released more detail than that promised by President Bush, who has said he does not plan to release names of donors, or George H.W. Bush, who also received contributions of at least $1 million from Oman, Saudi Arabia and the United Arab Emirates. The elder Bush also collected more than $50,000 from Japan, Hong Kong and Thailand.

Former president Jimmy Carter’s center, which was a model for Clinton’s, releases the names of $1 million-plus donors, and they include foreign governments as well.

Research editor Alice Crites, database editor Sarah Cohen, and staff writers Matthew Mosk, Dan Morgan, Steven Mufson, Derek Kravitz and Mary Pat Flaherty contributed to this report.

Published in: on December 19, 2008 at 9:11 am Comments (1)

Winter Break WK #2: “Car Bankruptcy Cited as Option by White House”

December 19, 2008

This article is by David E. Sanger, Bill Vlasic and Micheline Maynard.

WASHINGTON — The White House raised for the first time on Thursday the prospect of forcing General Motors and Chrysler into a managed bankruptcy as a solution to save the companies from financial collapse.

The White House announced early on Friday that President Bush would make a statement at 9 a.m. Eastern time about efforts to negotiate a bailout for the domestic auto industry.

On Thursday, his spokeswoman, Dana Perino, confirmed growing speculation within legal circles that the president and Treasury Secretary Henry M. Paulson Jr. were considering the step.

“There’s an orderly way to do bankruptcies that provides for more of a soft landing,” Ms. Perino said. “I think that’s what we would be talking about. That would be one of the options.”

A senior administration official, however, later described that option as a last resort, to be used only if an agreement for a voluntary overhaul of the industry could not be reached.

These officials said the preferred solution would be to force a restructuring of the industry outside of bankruptcy court, extracting concessions that would make the companies more cost-competitive with foreign automakers.

In return, the Treasury would tap the financial rescue fund, called the Troubled Asset Relief Program, to make loans to the companies.

After a week of talks between the automakers and the Treasury Department over the terms of a possible bailout, Ms. Perino on Thursday said, “we’re very close.”

President Bush, speaking on Thursday at the American Enterprise Institute, an organization dedicated to free market principles, said that he had determined that the economy was too fragile to allow G.M. and Chrysler to fail. The companies have warned that will happen if they do not receive financial aid soon.

In his speech Thursday, Mr. Bush made clear that he wanted to avoid a “disorderly bankruptcy” because of “what it would do to the psychology of the markets.” But he also said he was “worried about putting good money after bad,” and suggested he would only approve a plan that allowed the auto companies to “become viable in the future.”

Mr. Bush’s comments, a month before he leaves office, made clear that he was worried by the idea of returning to Texas amid more economic chaos and the surge in unemployment that a collapse of the companies could cause.

“The autos obviously are very fragile,” he said. He added that he was concerned about what President-elect Barack Obama would face on Jan. 20. “I believe that good policy is not to dump him a major catastrophe in his first day of office,” he said.

What the White House appears to be envisaging is a package deal of concessions — and an injection of money from the TARP, the $700 billion financial bailout fund — to keep credit flowing for G.M. and Chrysler.

Taxpayer loans, the White House has said, would have first priority over all other debt. Ms. Perino said the goal was to “try to come up with something that would protect the taxpayers but not allow a collapse that would hurt everybody in America.”

But for Mr. Bush, that could be difficult to negotiate. If the autoworkers’ unions conclude they are likely to get a better deal from Mr. Obama, they are likely to stall negotiations and settle for a shorter-term loan.

After the White House raised the possibility of a bankruptcy, G.M.’s shares fell to $3.66.

Investors may have also been reacting to a report in The Wall Street Journal that said G.M. had restarted merger discussions with Chrysler. But a G.M. spokesman, Tony Cervone, said the automaker had not held any talks with Chrysler since late October, when G.M. suspended discussions because of its bleak financial condition. “Nothing has changed,” he said.

G.M. declined to comment on the Bush administration’s suggestion that an “orderly bankruptcy” was under consideration. But the company was surprised by the White House statements, according to G.M. officials who asked not to be identified because the discussions with the administration were not yet final.

The automaker’s senior executives have said repeatedly that bankruptcy was not a viable solution because consumers would be reluctant to buy a vehicle from a bankrupt automaker.

In July, CNW Marketing Research said a survey it conducted showed that 80 percent of prospective car buyers would not consider purchasing a vehicle from a bankrupt company. A more recent survey found that 51 percent of the people it interviewed said they would not buy a car from G.M. even if it received a government bailout.

“G.M. cannot afford to lose half of its prospective customers,” said Art Spinella, CNW’s president.

Spokesmen for Chrysler and Ford also declined to comment specifically on the inclusion of bankruptcy as an alternative.

Chrysler’s chairman, Robert L. Nardelli, has said that getting financing to reorganize in bankruptcy would be difficult given tight credit conditions. Ford is not seeking immediate government help.

There was no immediate comment from the United Automobile Workers union.

In a traditional bankruptcy proceeding, the U.A.W.’s contracts could be voided and the union forced to renegotiate benefits like health care.

The union’s president, Ron Gettelfinger, has said the U.A.W. is willing to make concessions if G.M. or Chrysler gets government loans that help them survive.

But Mr. Gettelfinger has said he believes that bankruptcy would cripple either company’s ability to sell cars. “There’s no question in my mind that people would not buy their vehicles,” he said in an interview.

Both companies are cutting production to stretch their available cash. On Friday, Chrysler will begin an unusual monthlong shutdown of all of its North American manufacturing plants in a bid to save money.

Legal experts said Thursday that despite discussion of an out-of-court solution, a revamping of G.M. and Chrysler might be difficult to accomplish outside of bankruptcy court, given the significant steps an overhaul would require.

“It’s not going to be easy, it’s not going to be pleasant, or palatable, but it’s the only solution that makes the least bit of sense,” said Hugh M. Ray, head of the bankruptcy practice at the Houston law firm Andrews Kurth, who has participated in major bankruptcy cases.

If the companies were to file for bankruptcy, major banks would provide financing, with federal funds as security for the bank loans for the companies to operate.

Some lawyers have suggested that the two companies could receive $25 billion, using $5 billion in federal funds to guarantee the banks’ loans, although auto industry analysts said the companies might need more.

G.M. has retained Harvey R. Miller, a longtime bankruptcy lawyer, as its adviser. It is also being advised by William Repko, an expert in restructuring with Evercore Partners who has worked with companies like United Airlines. G.M. is also working with Arthur B. Newman of the Blackstone Group.

Chrysler has retained the law firm of Jones Day to provide revamping expertise.

Mr. Ray said that a number of airlines went through bankruptcy protection earlier this decade, using federally backed loans awarded by the Air Transportation Stabilization Board, which was set up to aid the industry after the September 2001 attacks.

The board turned down United’s request, however, and the airline subsequently restructured under bankruptcy protection without federal money.

“United is still flying, and G.M. is not doing very well,” Mr. Ray said. “Their chickens have come home to roost, and now it’s inevitable” that G.M. seek bankruptcy protection, he added.

David E. Sanger reported from Washington and Bill Vlasic and Micheline Maynard from Detroit.