Fmr White House Lawyers: Trump Guaranteed to Violate Emoluments Clause When He Takes Office

lawnewz.com | 1/11/2017 | Ronn Blitzer
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A new memorandum prepared by three law professors, two of whom served as White House ethics attorneys, warns that President-elect Trump is virtually guaranteed to violate the Constitution while in office, due to his international business dealings. They argue that the Emoluments Clause of the Constitution prohibits the President from accepting gifts or benefits from foreign leaders, and that this is all but certain to occur during a Trump presidency. As a result, they say, members of the Electoral College who are supposed to elect Trump would be justified in changing their votes.

During a press conference on Wednesday, Trump’s attorney, Sheri Dillion, disputed those claims.

People - Constitution - Hotel - Gift - Present

“These people are wrong. This is not what the Constitution says, paying for a hotel is not a gift or present and has nothing to do with an office. It is not an Emolument,” she said.

The academic article was written by Prof. Norman L. Eisen, Chief White House Ethics Lawyer from 2009-2011, Prof. Richard W. Painter, who held the same position from 2005-2007, and Harvard Constitutional Law Professor Laurence H. Tribe, and was published by the Brookings Institution. It discusses the nature of the Emoluments Clause, its application to Trump’s business, and what can be done about it.

Emoluments - Clause - Person - Office - Profit

The Emoluments Clause says, “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.” The article discusses its history and how they believe it absolutely applies to the President, as well as other federal officials. It cites examples of how past Presidents Andrew Jackson, John Tyler, and Martin Van Buren asked Congress about keeping gifts that they received from foreign officials. In Jackson’s case, Congress said no to a gold medal from...
(Excerpt) Read more at: lawnewz.com
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