May 29, 2015

BRIBERY EXPERTS WEIGH IN ON HILLARY & CLINTON FOUNDATION:  Two legal experts have told Breitbart that they believe the activities of Hillary Clinton and the Clinton Foundation, undertaken while Clinton was Secretary of State, violate the federal statute prohibiting bribery of public officials, 18 USC 201.

When asked if the donations to the Clinton Foundation by defense contractors including Boeing (which subsequently received State Department approval of sales of their products to foreign governments) constituted a violation of domestic bribery statues, Law School Professor and Foreign Corrupt Practices Act (FCPA) expert Michael Koehler tells Breitbart News, “I’ll answer that question by quoting a former law professor who was fond of saying ‘if it walks like a duck and quacks like a duck chances are it is a duck’”

Former Assistant U.S. Attorney for the Southern District of New York Andy McCarthy thinks there’s enough evidence for the FBI and DOJ to launch an investigation into whether Hillary Clinton broke federal statutes that prohibit the bribery of public officials.

“There is certainly a reasonable basis for federal agents and prosecutors to investigate whether there was an understanding that Secretary Clinton would be influenced in the performance of her official duties by lavish donations to her family foundation, and, indeed, that the Clinton Foundation was operated as a racketeering enterprise,” McCarthy tells Breitbart News.

“This is the theory on which the Justice Department has proceeded in the prosecution of Senator Robert Menendez (D-NJ) — in fact, the main difference between the two cases may be that the staggering sums of money that were poured into the Clinton Foundation by supplicants who benefited from Hillary Clinton’s stewardship of the State Department dwarf the amounts involved in the Menendez indictment,” McCarthy continues.

The statute is broad and, like all criminal statutes, requires proof of a quid pro quo, but this could be (and indeed, generally must be, absent direct video or audio evidence from the horse’s mouth, so to speak) proven by circumstantial evidence. The U.S. Attorney in either D.C. or New York (where the Clinton Foundation is located) would need to initiate an investigation. But I won’t hold my breath that these Obama nominees will do so.

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