During a meeting with the New York Times on Tuesday, Donald Trump declared that the normal conflict of interest laws which apply to all American citizens don’t apply to him because he’s the president. Specifically, Trump told the Times:
“The law’s totally on my side, the president can’t have a conflict of interest.”
In other words, as Richard Nixon once asserted, if the president does it, it’s not illegal.
Bullshit, bullshit, bullshit. And did I mention BULLSHIT?
Should President-elect Trump refuse to liquidate his sprawling business empire and place the proceeds in a blind trust, he might, from his first day in office, be in direct violation of an obscure passage in the United States Constitution. It’s called the Emoluments Clause.
What is the Emoluments Clause?
Well, it goes kinda like this:
“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.”
Yes, that’s all there is to it. Just once sentence. It was placed in the Constitution because the Founding Fathers didn’t want American public officials taking gifts (i.e. bribes) from foreigners who might then ask for special favors.
Here’s an example: The Prime Minister of Great Britain is worried about a big business deal a major British airplane manufacturer may not get to provide aircraft for the military. The British PM decides to give a lovely castle in Scotland to the President of the United States. But there’s a catch: The castle in exchange for the airplane contract.
What Does it Take to Violate the Emoluments Clause?
American presidents have always taken care to make sure they don’t violate the clause, as doing so could be grounds for impeachment. When President Obama won the Nobel Peace Prize–and the considerable monetary gift that goes with it–he asked if he could accept the award.
Eventually, the Justice Department’s Office of Legal Counsel determined that since the prize came from the Nobel Committee — and not a “king, prince or foreign state” — it was perfectly copacetic for Obama to accept it without asking for Congressional approval.
But that’s a long way from the entanglements Trump could face.
A Hypothetical
Suppose diplomats from foreign nations are in Washington to do some lobbying. They decide to stay at Trump’s lavish hotel in D.C., meaning they just gave money to Trump with their lodging fees. Is that illegal or cool?
Richard Painter, the former chief ethics lawyer to President George W. Bush. says that in the hypothetical just presented, Trump has indeed violated the Emoluments Clause and can immediately be impeached. Painter explained:
“If he owns it, he’s going to be accountable anytime someone says something stupid. If he continues to own his businesses, the emolument problems do not go away.”
But Would They Do It?
Let’s assume it’s determined that Trump is indeed in violation of the Emoluments Clause. Would a GOP-controlled Congress draw up articles of impeachment? Seems unlikely, but what if public pressure grew for it to happen? Or what if the Democrats win control of Congress in the 2018 mid-term election? Stranger things have happened.
A bit of advice to the President-elect: Quit acting like you’re a king. Keep in mind what happened the last time this country had a king attempting to rule it. Public opinion can change overnight. Better to make sure you’re in the clear than take the risk. But if you decide to do it your way, don’t be surprised when it all comes crashing down around you.
Featured Image Via Business to Community
