The Mercury (Pottstown, PA)

Trump says he hates corruption, but he makes bribery easier

- Catherine Rampell Columnist

For a guy who claims to hate corruption, President Trump sure has a funny way of showing it — including by trying to make it easier to pay bribes.

Trumpworld continues to claim that L’Affaire Ukraine is a big misunderst­anding. Trump was not extorting a desperate foreign ally into smearing a domestic political rival. Heavens no.

He was merely trying to root out his true nemesis: internatio­nal corruption!

So argues the president’s legal team in his impeachmen­t brief, echoing similar talking points made by various White House aides and Republican lawmakers.

Ukraine does of course have a long history of corruption. This particular explanatio­n of Trump’s motivation for withholdin­g lethal military aid from the country, however, has always rung a teeny bit false.

Not only because the rough transcript of Trump’s “perfect” Ukraine call never once mentioned the word corruption.

Nor because Trump has sought out shady business partners accused of corrupt practices in places such as Azerbaijan and Panama.

It’s also completely at odds with Trump’s repeated attempts to destroy America’s leadership role in internatio­nal corruption­fighting.

He began this process almost immediatel­y after taking office, when he killed a bipartisan anticorrup­tion rule that would have required energy companies listed on U.S. stock exchanges to disclose how much they pay foreign government­s.

Since then, he’s been hunting for ways to cripple the Foreign Corrupt Practices Act.

The FCPA, passed after Watergate, was a trailblazi­ng law. It said that bribes were illegal not only when paid to U.S. officials, but also when paid to foreign ones.

That is, people or entities that operate in the United States (whether or not they’re American) can be held criminally liable here if they grease palms in, say, China.

In criminaliz­ing the payment of bribes in foreign jurisdicti­ons, the FCPA arguably made the United States the first country to significan­tly leverage its own market power to encourage more ethical business practices everywhere.

Even so, Trump remains firmly in the “bribery is good for business” camp.

In 2012, for instance, he gave an extended CNBC interview ranting that the FCPA is a “horrible law” and that “the world is laughing at us” for enforcing it.

“Every other country goes into these places, and they do what they have to do,” he complained. If American companies don’t offer bribes, too, he said, “you’ll do business nowhere.”

Asked on Friday whether the White House is still interested in kneecappin­g the FCPA, National Economic Council Director Larry Kudlow confirmed that the administra­tion is “looking at it.” He explained that, “We have heard some complaints from our companies.

Does “our companies” refer to the Trump Organizati­on? Or perhaps, given the president’s frequent conflation of his own private and government interests, the executive branch of the U.S. government?

After all, some legal experts I’ve interviewe­d have suggested that Trump might have run afoul of the FCPA in the Ukraine affair. In any case, it seems highly unlikely that a U.S. federal prosecutor, even an aggressive one, would take on such a case, assuming the FCPA endures.

But remember that other countries still have their own FCPA-inspired laws on their own books. In fact, the Trump-appointed head of the Securities and Exchange Commission recently gave a speech urging these other countries to step up their foreign enforcemen­t, so the burden falls less heavily on the United States to police the world’s corruption.

So other countries out there, if you’re listening: If our government won’t hold Trump accountabl­e, maybe yours will?

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