Eleanor Finch
Former US President Donald Trump has been accused of violating the Foreign Emoluments Clause of the US Constitution. The clause, located at Article I, Section 9, Clause 8, prohibits the president from receiving any profit, gain, or advantage from any foreign or domestic government. Trump has been accused of violating this clause by retaining ownership and control of his business empire during his presidency, which has allegedly positioned him to receive money from foreign governments. These allegations have resulted in multiple lawsuits against Trump, with plaintiffs arguing that his actions have undermined public faith in the government and violated the anti-corruption spirit of the Constitution. Trump and the Department of Justice have denied these claims, stating that he has not received illegal emoluments as there was no direct compensation or gifts from foreign countries due to his official duty as president. The outcome of these lawsuits remains to be seen, with ongoing legal proceedings and debates over the interpretation of the Foreign Emoluments Clause.
| Characteristics | Values |
|---|---|
| Trump's stance | Trump has never sought or received consent from Congress to accept any foreign emoluments. Trump's defense argues that he has not received illegal emoluments as it would require him to receive compensation or gifts from a foreign country because of his official duty as president. |
| Critics' stance | Trump has violated the Foreign Emoluments Clause as his international businesses and real estate holdings position him to receive money from foreign governments. Critics argue that these "entanglements" could sway or create an opportunity for negative foreign influence. |
| Legal proceedings | Trump has been sued in the New York District Court and the United States District Court of the District of Columbia for allegedly violating the Foreign Emoluments Clause. The District Court concluded that Trump's narrow definition of "emolument" was "unpersuasive and inconsistent." |
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What You'll Learn
Trump's business interests
Trump's decision to retain ownership and control of his business empire while serving as President is unprecedented and goes against the advice of career government ethics officials. This has resulted in concerns about violations of the Emoluments Clauses, which prohibit the President from receiving any profit, gain, or advantage from any foreign or domestic government.
Trump has been accused of improperly accepting payments from foreign governments, with specific examples including foreign states paying for space in Trump-owned towers and rooms and events at Trump hotels. The governments of Afghanistan, India, Iraq, Kuwait, Qatar, Malaysia, Saudi Arabia, Slovakia, and Thailand have all paid for space in Trump World Tower. Additionally, the Industrial and Commercial Bank of China, which is state-owned, leases space in Manhattan's Trump Tower, estimated to be worth close to $2 million annually.
Trump has also been criticized for hosting the G7 summit at his Trump National Doral Golf Club, which could provide brand visibility and be seen as a violation of the spirit of the Emoluments Clauses, even if it does not constitute a strict constitutional violation.
While Trump has argued that he has not received illegal emoluments as they would require compensation or gifts from a foreign country because of his official duty as President, this narrow definition of "emolument" has been rejected by courts, which have favored a broader interpretation.
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Impeachment
The Emoluments Clause, located at Article I, Section 9, Clause 8 of the US Constitution, prohibits the President from accepting any benefits from foreign states unless he first obtains the consent of Congress. The clause was included by the Framers to prevent federal officeholders, including the President, from making policy decisions based on their own self-interest rather than the national interest.
The Citizens for Responsibility and Ethics in Washington (CREW) sued former President Trump in the New York District Court, alleging that his international businesses and real estate holdings positioned him to receive money from foreign governments. CREW argued that Trump had violated the Emoluments Clause because it covers "anything of value, monetary or nonmonetary". In defence, the Department of Justice (DOJ) contended that an Emoluments Clause violation occurs only when the President receives compensation or gifts from a foreign country because of his official duty as President.
In April 2019, the district court denied the President's motion to dismiss, ruling that the text, structure, historical interpretation, and purpose of the Clause support a broad view of the term "emolument". The court held that the plaintiffs' case could proceed, stating that the President had violated the Clause in at least three respects, including foreign states paying for space in Trump-owned towers and foreign states paying for rooms and events at Trump hotels.
The remedy for egregious violations of the public trust is impeachment. Trump's conduct throughout his tenure in office has undermined public faith in the government, which is critical for democracy to function. Impeachment is a proper remedy for egregious violations of the Emoluments Clause's prohibitions on accepting things of value from prohibited sources.
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Trump's definition of emolument
The emoluments clauses are the US Constitution's guardrails against presidential corruption. There are two such provisions in the Constitution: one foreign and one domestic. The latter sets the president's salary and bars the federal government and the states from giving the president a raise or any bonuses. The Foreign Emoluments Clause applies to federal officials, including the president, prohibiting them from accepting money or gifts from foreign governments unless they receive permission from Congress.
According to two courts and scholarly historical reviews of contemporaneous usage, an emolument is any "profit, gain, or advantage" for the purposes of the Constitution. However, there are competing definitions of emoluments. In defence of President Trump, the Department of Justice (DOJ) contended that an Emoluments Clause violation occurs only when the president receives compensation or gifts from a foreign country because of his official duty as president.
Trump has been accused of violating both the Foreign and Domestic Emoluments Clauses since the beginning of his presidency, in part because he never truly relinquished ownership of his businesses and could withdraw profits from his not-so-blind trust whenever he pleased. This presented ongoing conflicts of interest. For example, the governor of Maine stayed at the Trump International Hotel in DC on the Maine taxpayers' dime, and Saudi lobbyists, bankrolled by their government, spent almost $300,000 in three months at the same hotel.
Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. CREW argued that Trump violated the Emoluments Clause because the clause covers "anything of value, monetary or nonmonetary". However, others have argued that Trump's interests, both domestically and globally, that increase his wealth do not violate the clause. They argue that an Emoluments Clause violation should only occur if there is a real possibility that the president will be influenced and engage in political action based on the potential for financial gain.
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Foreign governments paying for space in Trump-owned towers
The Foreign Emoluments Clause of the US Constitution prohibits the President from accepting any benefits from foreign states unless he first obtains the consent of Congress. The purpose of the clause is to prevent foreign governments from purchasing undue influence over the President.
Former President Trump has been accused of violating the Foreign Emoluments Clause by accepting payments from foreign governments without seeking or receiving congressional consent. One example of this is foreign governments paying for space in Trump-owned towers. The Industrial and Commercial Bank of China, which is owned by the Chinese government, leases space in Manhattan's Trump Tower, with the lease estimated to be worth close to $2 million annually. Additionally, during the first eight months of Trump's presidency, more foreign governments sought permission to lease space in Trump World Tower than in the previous two years combined. The governments of Afghanistan, India, Iraq, Kuwait, Qatar, Malaysia, Saudi Arabia, Slovakia, and Thailand have all paid for space in the building.
These actions have led to multiple lawsuits against Trump, alleging that his business interests created opportunities for negative foreign influence and violated the spirit of the Constitution, even if they did not strictly violate the letter of the law.
In defence of Trump, the Department of Justice (DOJ) has argued that an Emoluments Clause violation only occurs when the President receives compensation or gifts from a foreign country because of his official duties as President. However, critics argue that Trump's actions undermined public faith in the government and represented a significant threat to democracy.
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Trump's violation of anti-corruption spirit of the clauses
The Emoluments Clause, located at Article I, Section 9, Clause 8 of the US Constitution, is a broad rule that prohibits anyone holding any "Office of Profit or Trust under the United States" from receiving any "emolument" from foreign powers. An emolument is defined as any "profit, gain or advantage". The Framers included this clause to prevent foreign governments from influencing US officials through payments and gifts, which could compromise their judgment and loyalty to the United States.
Former President Trump has been accused of violating the spirit of the Emoluments Clause by retaining ownership and control of his business empire during his presidency. This decision went against long-standing historical practice and the advice of career government ethics officials. While the specific constitutional violations are critical in determining Trump's legal liability, an impeachment investigation should also consider areas that violate the basic anti-corruption spirit of the clauses.
Trump has been sued multiple times for allegedly violating the Foreign Emoluments Clause. In one case, the Citizens for Responsibility and Ethics in Washington (CREW) argued that Trump's international businesses and real estate holdings positioned him to receive money from foreign governments, creating an opportunity for negative foreign influence. They stated that these "'entanglements' between American officials and foreign powers could pose a creeping, insidious threat to the Republic".
In another lawsuit, the attorneys general of Maryland and Washington, DC, accused Trump of illegally profiting from his Trump International Hotel in DC by accepting money from foreign governments. Additionally, more than 200 congressional Democrats brought a case in 2018, arguing that Trump "has a financial interest in vast business holdings around the world that engage in dealings with foreign governments and receive benefits from those governments".
Trump's conduct during his presidency has undermined public faith in the impartiality and neutrality of the government. The Framers were unambiguous that impeachment is a proper remedy for egregious violations of the Emoluments Clause's prohibitions on accepting things of value from prohibited sources.
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Frequently asked questions
The Foreign Emoluments Clause is a part of the US Constitution that prohibits the President from accepting any benefits from foreign states unless he first obtains the consent of Congress.
Trump has been accused of violating the Foreign Emoluments Clause by accepting payments from foreign governments through his businesses. However, there are differing opinions on whether this constitutes a violation. Some argue that it does, while others claim that an Emoluments Clause violation occurs only when the president receives compensation or gifts from a foreign country because of his official duty as president.
The remedy for egregious violations of the public trust, including violations of the Foreign Emoluments Clause, is impeachment.
Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause, but he was not impeached for this reason.
Trump has argued that Congress has political remedies available to stop him from accepting foreign emoluments and that the definition of "emolument" being used by those accusing him of violations is too broad.
