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Old 11-25-2016, 08:57 AM   #2810
photon
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This emoluments clause thing isn't going to go away, why doesn't Trump just commit and do something specific? He may be above the law with respect to conflicts of interest, but he's not above the Constitution, though I guess if Congress decides it doesn't care then it doesn't matter.

Jimmy Carter put his peanut farm in a trust, on the chance that it would appear as a conflict of interest.

Trump also owns stocks in the companies involved in the Dakota Access pipeline...

Members of the Electoral College should not make Donald Trump the next president unless his sells his companies and puts the proceeds in a blind trust, according to the top ethics lawyers for the last two presidents.

Richard Painter, Chief Ethics Counsel for George W. Bush, and Norman Eisen, Chief Ethics Counsel for Barack Obama, believe that if Trump continues retain ownership over his sprawling business interests by the time the electors meet on December 19, they should reject Trump.

In an email to ThinkProgress, Eisen explained that “the founders did not want any foreign payments to the president. Period.” This principle is enshrined in Article 1, Section 9 of the Constitution, which bars office holders from accepting “any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”

This provision was specifically created to prevent the President, most of all, from being corrupted by foreign influences.

Virginia Governor Edmund Jennings Randolph addressed the issue directly during a Constitutional debate in June 1788, noting that a violation of the provision by the President would be grounds for impeachment. (Randolph was also a delegate to the Constitutional Convention.)

...

Electors should insist that Trump set up a blind trust as a condition of their vote, Eisen said.

Another option, however unlikely, is for “Republicans in Congress [to] admit that they endorse Trump’s exploitation of public office for private gain and authorize his emoluments as the Constitution allows.”

Eisen’s conclusions are shared by Harvard Law Professor Larry Tribe, one of the nation’s preeminent constitutional scholars. Tribe told ThinkProgress that, after extensive research, he concluded that “Trump’s ongoing business dealings around the world would make him the recipient of constitutionally prohibited ‘Emoluments’ from ‘any King, Prince, or foreign State’ — in the original sense of payments and not necessarily presents or gifts — from the very moment he takes the oath.”

The only solution would be to divest completely from his businesses.



https://thinkprogress.org/electoral-...s-8a8b6e0ca916
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