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Rant 783: Emoluments? Only Part of the Problem

3/31/2024

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​Buried in the daily assault on our overburdened capacity to process condemnatory information about Donald Trump is a recent House of Representatives report revealing that numerous countries spent, “often lavishly,” on properties—hotels and apartments—owned by Trump while he was President. Democrats on the House Oversight Committee released a report documenting in detail at least $7.8 million in foreign government payments Trump’s businesses received while he was in the White House. The House Report says that the real number of payoffs (bribes?) by foreign interests was likely much higher. This is information that should automatically disqualify anyone who aspires to high office, but has not in the case of “Honest Don,” as he recently anointed himself.
 
These payments are unconstitutional, immoral and illegal.
 
There are actually two Emoluments Clauses in the Constitution. The Foreign Emoluments Clause, Article 1, Section 9, Clause 8, prohibits the President and every other person holding a position of trust with the United States government from accepting gifts or “emoluments (profits and benefits) of any kind whatsoever” from foreign governments without first obtaining “Consent of the Congress.” Also banned are any payments from corporations and other entities controlled by foreign governments.
 
The Domestic Emoluments Clause, Article II, Section 1, Clause 7, is a blanket prohibition against the President receiving any sort of advantage from any state government, or from the federal government.
 
Trump in office violated both Emoluments Clauses with impunity numerous times. Also, as he refused to put his businesses in a blind trust, his misconduct began at noon on January 20, 2017 and continued until he stole out of office four years later. Once again, he crossed red lines that none of his predecessors dared traverse. And, once again, he has escaped accountability for his wrongdoing.
 
The House report cites illegal gifts from leaders or government officials from Saudi Arabia, Qatar, Kuwait, India, China and Afghanistan. The Chinese alone paid more than $5.5 million to Trump-owned properties.
 
Rep. Jamie Raskin (D-MD), the ranking member of the House Oversight Committee, wrote in the foreword to the report that “Donald Trump, while holding the office of president, used his business entities to pocket millions of dollars from foreign states and royalty and never once went to Congress to seek its consent.”
 
The Emoluments Clauses made it into the Constitution because the framers were concerned about the potential for foreign governments to corrupt American officials. Until Donald Trump came along, this was a non-issue.
 
There have only been three cases in our history that sought to enforce the Emoluments Clauses. All three were brought against Trump and all three, once they made it to the Supreme Court, were dismissed without addressing the merits. The Court’s refusal to rule one way or another had the practical effect of approving Trump’s illegality and encouraging him to profit from the presidency again should he be elected in November.
 
The Court having bailed on the issue, it is up to Congress to legislate in order to clarify who can enforce these constitutional provisions if we are to curb future abuses and concerns over foreign financial entanglements that could jeopardize national security. Trump previously disregarded the Constitution and now openly disdains it, having announced that he prefers that it be “suspended” should he return to power.
 
This is scary stuff and a clear and present danger that must be avoided.
 
Dick Hermann
March 30, 2024

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    Richard Hermann is the author of thirteen books, including Encounters: Ten Appointments with History and, most recently, Mother's Century: A Survivor, Her People and Her Times. Soon to be released is his upcoming Close Encounters with the Cold War, a personal reflection on growing up in the nuclear age. He is a former law professor and entrepreneur, and the founder and president of Federal Reports, Inc., a legal information and consulting firm that was sold in 2007. He has degrees from Yale University, the New School University, Cornell Law School and the U.S. Army Judge Advocate General’s School. He lives with his wife, Anne, and extraordinary dog, Barkley, in Arlington, Virginia and Canandaigua, New York.

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