Tag Archives: emoluments clause

Will the new president violate the Constitution right away?

An argument making the rounds for the past several months goes something like this: Donald J. Trump is going to be in direct violation of the U.S. Constitution at the moment he takes the oath of office as president of the United States of America.

The source of the violation? His myriad business interests.

This isn’t just a Democratic Party point of view. Republicans also are buying into a notion that Trump’s refusal to separate himself completely from his business dealings is creating a monstrous potential for conflict of interest.

http://www.npr.org/2017/01/19/510574687/ethics-lawyers-call-trumps-business-conflicts-nakedly-unconstitutional

According to National Public Radio: “A president is not permitted to receive cash and other benefits from foreign governments,” Norm Eisen tells Fresh Air‘s Terry Gross. “And yet, Donald Trump is getting a steady flow of them around the world and right here in the United States.”

The “emoluments clause” is front and center in this debate. It’s written into the U.S. Constitution. It should be called the “anti-bribery clause.” Trump has refused to divest his myriad business interests; he has refused to put them into a blind trust.

NPR, quoting Richard Painter, former ethics lawyer for President George W. Bush, reports: “The president needs to focus on protecting the United States and American interests in a very dangerous world,” Painter says. “I really hope that President Trump takes the steps he needs to, to be free of conflict of interest in that endeavor.”

There are questions about whether Trump’s business dealings abroad could interfere with U.S. policy. Trump refuses to release his tax returns. He declines to provide detailed financial reports. He keeps saying this discussion is a media creation.

Holy cow, dude! You’ve got some serious experts on this stuff suggesting you’re going to violate the Constitution you will swear to “defend and protect.”

Does a direct violation of that sacred oath create a reason for, um, impeachment?

Let’s all wait for this to play out.

Divest, Donald! Divest

Of all the unexploded political ordnance laying in front of Donald J. Trump as he prepares to become president, one of them poses a seriously grave threat.

It’s this issue of divestiture … or Trump’s stubborn refusal to do what he should. That would be to divest himself fully of the enormous fortune he has acquired around the world.

He has chosen instead to hand all business operations over to his eldest son. Don Jr. is going to handle all the business dealings and Dad won’t have anything to do with it. None whatsoever.

That’s good enough for the president-elect to clear him of any potential conflicts of interest. Or so he says.

I am afraid it likely won’t provide nearly enough separation.

Indeed, this is just yet another demonstration of the non-traditional approach that Trump is taking toward his transition from fully private billionaire business executive to fully public leader of the free world/head of state and government/commander in chief.

The situation facing Trump is written in Article II of the U.S. Constitution. It’s called the “emoluments clause,” which has become common knowledge now among many Americans who before this election had never even heard of it.

The emoluments clause is founding father-speak that translates to “anti-bribery.” It prohibits a president from taking money from a foreign government, the acceptance of which opens the president up to being compromised as he conducts the affairs of state.

Trump is facing tremendous exposure, say, if Don Jr. consummates a business deal with a foreign government that deposits a few billion dollars into an account that has Daddy Donald’s name on the letterhead. The president-elect believes simply allowing his son do the transaction clears him of any suspicion. Wrong!

Divestiture of one’s assets is not a novel concept. My goodness, Trump’s team is going to make incredible sacrifice serving him and the government he will run. It is a reasonable expectation for the president himself to separate himself completely from his business holdings.

Short of complete divestiture, a much better option than the one Trump has chosen would be to put his holdings into a blind trust, to be operated and administered by someone with no ties at all either to the president-elect or his family.

The next president is playing a dangerous game of chicken with those who are waiting for a big mistake to occur.

Trump making a simple matter so very complicated

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I am having trouble understanding what it is about conflict of interest that Donald J. Trump doesn’t get.

The president-elect has an enormous business empire. He has contacts throughout the world. He has enriched himself beyond most people’s imagination.

Now he’s about to become president of the United States. What should a man with all that wealth do to avoid even the appearance of conflict of interest?

Let’s see, how about selling those business interests outright? Or, how about putting them into a blind trust, let someone manage those interests — and stay the hell away from everything having to do with those business interests?

Is the president-elect going to do either of those things? Apparently not, according to the New York Times.

Trump now is letting it be known he intends to keep at least an interest in his businesses while his daughter Ivanka and her husband, Jared Kushner, run them.

Daddy Trump will still be involved, if only on the fringes, with the business empire he has built.

http://www.nytimes.com/2016/12/07/us/politics/trump-organization-ivanka-trump.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

The U.S. Constitution refers to “emoluments,” and states that the president must not make money dealing with foreign governments. The next president is treading dangerously close — as long as he retains an “interest” in his business — of violating the emoluments clause of the Constitution. His businesses have extensive relationships with many foreign governments.

This shouldn’t be a close call. This should be an easy decision for the president to make. If something presents the potential for conflict of interest, you must act aggressively to remove the element that creates that potential conflict.

Trump is not about to quit the office he fought so hard to win. The only alternative is for him to quit the business. Sell it. Put it into a blind trust. Have nothing — not a single, solitary thing — to do with it.

Why doesn’t he get it?

‘Emoluments clause’ to be put to stern test

founding-fathers-junius-brutus-steams-560x292

I am not a constitutional scholar, but I know enough about the document to be able to talk about most of its contents with at least a smattering of intelligence

But a new phrase has popped up on many Americans’ radar in recent months. It’s the “emoluments clause” of the U.S. Constitution.

It’s contained in Article I. It’s the final clause in Section 9. It reads:

“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

Why the interest in this relatively obscure portion of the nation’s government document?

http://www.heritage.org/constitution/#!/articles/1/essays/68/emoluments-clause

We have a president-elect, Donald J. Trump, who possesses business interests that span the globe. He has done a lot of business with kings, princes and foreign states. He’s gotten money from them, enriching himself — and his family.

Now that he’s about to become president of the United States, we’re hearing more chatter about this emoluments clause … just as we did during the campaign when Trump’s allies used it to describe the so-called favors Hillary Rodham Clinton earned while she and her family ran the Clinton Foundation and the Clinton Global Initiative.

Those Hillary haters are quiet about Trump’s dealings.

Trump has announced he’s going to turn everything over to his children: Ivanka, Don Jr. and Eric. He’s going to walk away from the myriad business dealings.

That would be OK, except that he is planning to hand it all over the Younger Trumps. My hunch is that they’ll remain in his family and, thus, will rake in the revenue derived from whatever deals they strike.

What’s the better option for Trump? Sell it all. Liquidate everything and remove yourself entirely from every single aspect of the business. Give the kids their portion of what you get from the sale and let them invest their largesse any way they wish.

Absent a  complete and total severance from these business dealings, we are about to hear a lot more about the emoluments clause. It will not be pretty.