No ‘veto power’ for Clinton on uranium deal
Eugene Kiely, FactCheck.org
At
the time of the sale, Clinton was a member of the Committee on Foreign
Investments in the United States, which is required by law to
investigate all U.S. transactions that involve a company owned or
controlled by a foreign government. Federal guidelines say any one of
nine voting members of the committee can object to such a foreign
transaction, but the final decision then rests with the president.
“Only the President has the authority to suspend or prohibit a covered transaction,” the guidelines say.
Through
a spokeswoman, author Peter Schweizer told us he meant that Clinton
could have forced the issue to the president’s desk. But that’s not what
he said when he appeared on Fox News Sunday, where he discussed the uranium deal and his upcoming book to be released on May 5.
Schweizer’s book — Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich — focuses
on foreign donations to the Clinton Foundation, a nonprofit created
byformer president Bill Clinton. In his book, Schweizer, a former fellow
at the right-leaning Hoover Institution, seeks to link some of those
donations to the official actions taken by Clinton when she
was secretary of State.
TheNew York Times,
which received an advance copy of the book, wrote an article April 23
that said the Clinton Foundation failed to publicly disclose millions in
contributions it received from investors who stood to profit from the
sale of Uranium One, a Canadian-based company with uranium mining stakes
in the West, to Rosatom, the Russian nuclear energy agency. The Times said its article “built upon” Schweizer’s reporting.
The book in general and the Timesarticle
in particular have stirred up the 2016 presidential campaign. The
Clinton Foundation was forced to acknowledge that it “made mistakes” in
failing to disclose some of its donations, and Republicans have
questioned Hillary Clinton’s role in the sale. Mitt Romney said the
money donated to the Clinton Foundation “looks like bribery,” and Sen.
Rand Paul called for an investigation.
The
fact is, Clinton was one of nine voting members on the foreign
investments committee, which also includes the secretaries of the
Treasury, Defense, Homeland Security, Commerce and Energy, the attorney
general, and representatives from two White House offices — the United
States Trade Representative and the Office of Science and Technology
Policy. (Separately, the Nuclear Regulatory Commission needed to
approve, and did approve, the transfer of two uranium recovery licenses
as part of the sale.)
Chris Wallace, host of Fox News Sunday,
made that point when he questioned Schweizer about his lack of evidence
connecting the donations to the uranium deal. (Fox News was among the
media outlets that received an advance copy of his book.) Schweizer made
the counterargument — again without any evidence — that the investors
bought her silence by making contributions to the Clinton Foundation.
Schweizer
speculated that investors were worried about Clinton’s history of
opposing the sale of “critical assets” in the U.S., citing her
opposition as a senator to the 2006 sale of six U.S. ports to Dubai
Ports World, a state-owned business in the United Arab Emirates.
Wallace, April 26:
Nine separate agencies and they [Clinton campaign officials] point out
there’s no hard evidence, and you don’t cite any in the book that
Hillary Clinton took direct action, was involved in any way in approving
as one of nine agencies the sale of the company?
Schweizer:
Well, here’s what’s important to keep in mind: it was one of nine
agencies, but any one of those agencies had veto power. So, she could
have stopped the deal. So, what’s interesting about this, of all those
nine agencies, who was the most hawkish on these types of issues?
Hillary Clinton. She had a reputation going back to the Dubai Ports
deal.
The
committee, which is known by its acronym CFIUS, can approve a sale, but
it cannot stop a sale. Only the president can do that, and only if the
committee recommends or “any member of CFIUS recommends suspension or
prohibition of the transaction,” according to guidelines issued by the
Treasury Department in December 2008 after the department adopted
its final rule a month earlier.
Treasury Department, Dec. 8, 2008:
Only the President has the authority to suspend or prohibit a covered
transaction. Pursuant to section 6(c) of Executive Order 11858, CFIUS
refers a covered transaction to the President if CFIUS or any member of
CFIUS recommends suspension or prohibition of the transaction, or if
CFIUS otherwise seeks a Presidential determination on the transaction.
We
emailed Schweizer’s publicist with links to the CRS report and the
regulation that governs the committee’s work. Schweizer responded
through the publicist: “By veto I mean halt the deal and advance their
concerns to the President.” He also noted that Clinton was the only
committee member who had a family foundation that received donations
from the investors in the uranium deal.
But Schweizer is trafficking in speculation.
Very
little is known about the Uranium One-Rosatom deal or Clinton’s role in
it. That’s because the law has “strong confidentiality requirements,” as Treasury explains on its site. “By
law, information filed with CFIUS is subject to strong confidentiality
requirements that prohibit disclosure to the public. Accordingly, CFIUS
does not disclose whether parties to any transaction have filed notices
with CFIUS, nor does CFIUS disclose the results of any review,” Treasury
says. “When a transaction is referred to the President, however, the
decision of the President is announced publicly.”
The Clinton campaign told the Timesthat generally these matters did not reach the secretary’s level, so she may not have been involved at all. According to the Times, Jose Fernandez, a former assistant secretary of state, represented the department on the committee. He told the Times: “Mrs. Clinton never intervened with me on any C.F.I.U.S. matter.”
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