Trump could violate Emoluments Clause of Constitution day one

Posted by | November 23, 2016 15:12 | Filed under: News Behaving Badly Politics

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It’s true that presidents can’t be held liable legally for conflicts of interest. However, there is something in the Constitution called the Emoluments Clause.

The Constitution says that no elected official can take an “emolument” of “any kind whatever” from a king, prince, or foreign state. The restriction, known as “the Emoluments Clause,” is intended to prevent political officials from receiving gifts from foreign governments…

There is not unanimity among scholars on the question of whether Donald Trump would be violating the Constitution by allowing foreign governments (and companies backed by foreign governments) from doing business with his private company.

But there does seem to be a fairly broad consensus forming. The issue comes down to the meaning of the “emolument” clause of the Constitution in Article I, Section 9. An “emolument” refers to compensation for a service or labor, according to the New York Times, which raises the question of whether foreign payments to Trump-owned businesses constitute forbidden emoluments…

…Richard Painter, a constitutional lawyer and George W. Bush’s former ethics lawyer, told ThinkProgress that the instant Trump’s business sells anything above “fair market value” to a foreign government that it’s clearly then considered a gift — and therefore a violation of the emoluments clause. (This was the same answer given to the Times by Norman Eisen, who was the chief White House ethics lawyer for Obama from 2009 to 2013. It’s also one three separate experts agreed with in interviews with me on Tuesday.)

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Copyright 2016 Liberaland
By: Alan

Alan Colmes is the publisher of Liberaland.

25 responses to Trump could violate Emoluments Clause of Constitution day one

  1. R.J. Carter November 23rd, 2016 at 15:16

    Wouldn’t that depend on whether the company was still paying him during his administration?

    • arc99 November 23rd, 2016 at 15:34

      I have not read anything indicating he will cease operations of his businesses while in office. So I think it is likely that companies in which he has ownership interests will be generating income from foreign customers. I am not a lawyer, nor do I play one on the internet despite the temptation to bilk some misinformed souls via Paypal. So I am not even sure if a so-called “blind trust” would alleviate anything.

      What I am fairly certain of, is if this were President-elect Clinton, the House would already be scheduling hearings on her emoluments..

    • Jack E Raynbeau November 23rd, 2016 at 17:05

      I wouldn’t think so because being the owner he owns any money paid to the company.

  2. Suzanne McFly November 23rd, 2016 at 15:37

    Well, the Japanese Prime Minister gave him a $4,000 golf club the other day, is that considered a “gift”?

  3. Guy Lauten November 23rd, 2016 at 15:51

    If he had to choose, which one would he choose:
    The Presidency or the Head of Trump Industries?
    I think I know, but this year…

    • Jack E Raynbeau November 23rd, 2016 at 17:06

      Since he doesn’t have to choose he’ll do both.

      • StoneyCurtisll November 23rd, 2016 at 19:03

        ‘Both”…
        Exactly…

      • Guy Lauten November 23rd, 2016 at 19:56

        we shall see. we shall see.

        • Jack E Raynbeau November 23rd, 2016 at 23:36

          I predict it won’t last long. My previous predictions were wrong. I underestimated the stupidity of the American electorate.

          Hopefully that weasel on his head will rip his flesh.

          • StoneyCurtisll November 23rd, 2016 at 23:38

            Nice Zappa reference…:)

            • Jack E Raynbeau November 23rd, 2016 at 23:47

              Guy set it up with his avatar.

              I discovered Zappa in 1968 while in the Marines in San Diego. I never let go.

              • StoneyCurtisll November 23rd, 2016 at 23:59

                Been a Zappa fan for decades.. since the early 70’s…

              • StoneyCurtisll November 24th, 2016 at 00:11

                Weasel Ripped my flesh..
                Happy Thanksgiving…
                And Thank You for Your Service~!

                • Jack E Raynbeau November 24th, 2016 at 00:27

                  I love me some Stoney.

                  Enjoy our day. Then we get to work.

  4. amersham1046 November 23rd, 2016 at 17:15

    This puddle is going to get much murkier and much deeper as time goes by

  5. StoneyCurtisll November 23rd, 2016 at 17:37

    https://www.youtube.com/watch?v=dPP2GOaNh64

  6. Warman1138 November 23rd, 2016 at 18:47

    Latest addition to the white house staff…….cash register attendants.

  7. amersham1046 November 23rd, 2016 at 19:08

    Trump denies any conflict of interest over business empire–
    http://www.bbc.com/news/world-us-canada-38074768

  8. anothertoothpick November 23rd, 2016 at 19:10

    We should check his pockets for loose rubles

  9. ValianThor November 23rd, 2016 at 19:31

    On the other hand, a nice emollient can have soothing effects on irritated areas.

  10. robert November 24th, 2016 at 00:51

    I wouldn’t trust anything Richard painter says. Can’t prove it but the Saudis are all over the 911 commission report and chances are some ( unmentioned) people from our gov got duked under the table

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