More Emoluments Violations by Donald Trump

Today in Business Insider;

Post Comment

Comments (10)

Being president is profitable.

He found a loop hole. There are many loop holes.

The fools will argue that Trump is not taking a salary.

He does not have to when he makes millions of tax payers money.
Profiting from the presidency. Sounds like the title of a crime drama made for TV.
"Profiting from the presidency. Sounds like the title of a crime drama made for TV"

It will surely be made. Bizarre as House of Cards but with less fiction. Popularity driven by the private business lawsuits that have been on hold for 4 years.
Good comments by all 3 of you. thumbs up thumbs up thumbs up

I suspect the emoluments clause violations will be taken up after the election.
C - What part of staying on topic is not understood by you ?
gee, i don't know. guess you better delete me
NOTICE & COMMENT
Should Congress Impeach Obama for His Emoluments Clause Violations?
Andy GrewalDecember 13, 2016
SHARE:
My prior post explained how ordinary business transactions between foreign governments and the Trump Organization would not automatically create violations of the Foreign Emoluments Clause regarding President-elect Trump. That post concluded that the term “emolument” refers only to payments made in connection with the performance of services for a foreign government (whether as an officer or employee), and does not refer to any conceivable payment. The prior post relied on Supreme Court opinions, Office of Legal Counsel opinions, definitions in legal dictionaries, and so on. (For my full-length law review article on the relevant issues, please see here: The Foreign Emoluments Clause and the Chief Executive.)

However, some commentators, most notably Professor Richard Painter (Minnesota) and Norm Eisen (Brookings Institution), have argued for a much broader definition of emolument. The legal basis for their interpretation remains unclear because they make no mention of Supreme Court opinions, OLC opinions, Comptroller General opinions, legislative enactments, or other legal authorities, but their article in The Atlantic defines emoluments as reaching “anything of value.” (Their longer Brookings Institution report, co-authored with Professor Larry Tribe, takes a similarly broad approach without citing or examining relevant authorities. See page 11.) This post explains how their interpretation, if accepted, would support the impeachment of President Obama.

To understand why this is so, one should note that the term “emolument” appears multiple times in the Constitution. For President-elect Trump, commentary has focused on the Foreign Emoluments Clause, but the Constitution also contains a Domestic Emoluments Clause. The Domestic Emoluments Clause provides, as relevant here, that the President shall receive a fixed compensation for his services, but “shall not receive . . . any other Emolument from the United States.” This clause guards against, among other things, the legislature compromising the President’s independence by offering him additional emoluments. See Alexander Hamilton, Federalist No. 73.

Under Eisen, Painter and Tribe’s definition of emolument, President Obama has violated the Domestic Emoluments Clause. The President’s financial disclosures reveal that he owns United States Treasury bonds, and that he has received interest payments from the United States. See Page 3 of 2015 Disclosures (reporting between $500,000.00 and $1,000,000.00 of Treasury bonds held by Obama directly or through an IRA). The interest income paid by the United States to President Obama is not part of the fixed compensation attached to the Presidency. Consequently, if an emolument includes any payment, Obama’s receipt of interest income from the United States violates the Domestic Emoluments Clause. Under Eisen, Painter and Tribe’s definition of emolument, President Obama must be impeached.

But one might argue, for whatever reason, that interest income should be excluded from the definition of emolument. However, Professor Painter specifically points to payments from banks as a constitutional problem. See Mother Jones, Nov. 11, 2016 (Painter: “ayments from banks controlled by foreign governments would fall under the emoluments clause.”). And if interest income from the Chinese government is prohibited under the Foreign Emoluments Clause, it’s hard to see why interest income from the United States government would not be similarly prohibited under the Domestic Emoluments Clause. (For another instance where President Obama profited from U.S. government transactions, see USA Today, State Dept. buys $70K of Obama books (Oct. 26, 2011).)
Gee. I would conclude, that Obama did not violate the emoluments clauses, or he would have been prosecuted long ago.
Lets see if Trump will be. grin
Wrong conclusion..I only presented the previous President, not all of them that used these loopholes.
It is not just these two.rolling on the floor laughing
"I suspect the emoluments clause violations will be taken up after the election"

With that, and the pending lawsuits and a come-back campaign, it will be quite a while before we hear the last of T-Rump Wrecks every day.
Post Comment - Let others know what you think about this Blog.

About this Blog

by JimNastics
created Jul 2020
352 Views
Last Viewed: Apr 19
Last Commented: Jul 2020
1 Likes
Last Liked: Jul 2020
JimNastics has 1,965 other Blogs

Like this Blog?

Do you like this Blog? Why not let the Author know. Click the button to like the Blog. And your like will be added. Likes are anonymous.

Feeling Creative?