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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsErwin Chemerinsky and the Case Against Trump
(not sure whether this has been posted already)
https://capitalandmain.com/erwin-chemerinsky-makes-the-case-against-our-scofflaw-in-chief-0119
The constitutional scholar discusses Donald Trumps tumultuous first year, and what may lie ahead. Its very frightening to me, Chemerinsky tells Capital & Main.
Published on January 19, 2018 By Danny Feingold
Since Donald Trump took office once year ago, perhaps no American has called into question the legal and ethical behavior of the president with more persistence and authority than Erwin Chemerinsky. One of the countrys preeminent constitutional scholars, and the dean of the University of California, Berkeleys law school, Chemerinsky has sounded the alarm from day one of Trumps administration most strenuously over the presidents alleged daily violation of the emoluments clause of the Constitution. Those provisions bar the president from receiving any form of payment from a foreign government, and also from receiving any payments beyond the salary of the chief executive. Last month, a federal court dismissed a lawsuit that Chemerinsky and other leading legal authorities had helped prepare seeking to stop the president from accepting any further payments that decision is currently being appealed.
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Capital & Main How would you assess Trumps first year in office?
Chemerinsky Its so much worse than I could have ever feared. I dont think that weve ever had a president who has less respect for the Constitution. Its reflected in what he expresses with regard to freedom of the press, its reflected in the fact that on a daily basis hes violating the emoluments clause of the Constitution by receiving benefits from foreign governments, benefits from the United States government beyond his salary. Its reflected in his immigration policies, his travel ban, his efforts against sanctuary cities. Its very frightening to me.
What does it say about the rule of law in this country that we have a sitting president who, in your view, has been in violation of the Constitution every single day that hes been in office?
Chemerinsky Before taking office the president-elect said that he was going to take steps to try to comply with the emoluments clause. None of that ever happened. Whats troubling to me is Congress seems largely unconcerned about it and so far the courts havent stepped in.
Is there evidence that any of the presidents decisions have in fact been influenced by payments that his business interests have received?
Chemerinsky China gave to President Trump some very valuable licenses on trademarks. Hed been trying to get them from China for years before being elected as president. He received them and then he changed his policy with regard to China. Maybe it was a coincidence, but certainly one followed the other.
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Cha
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