Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Yo_Mama_Been_Loggin

(107,956 posts)
Tue Dec 20, 2016, 03:11 PM Dec 2016

Trump is on target to violate the Constitution the moment he takes the oath of office

We have had smart presidents and dim ones, effective ones and incompetents, successful ones and unaccomplished ones. Until now, we have never had one for whom it was legitimate to question at the onset of his presidency whether he could fulfill his oath to “preserve, protect and defend the Constitution of the United States.”

As things stand now, President-elect Donald Trump has suggested he will not divest himself of a myriad of businesses around the globe that pose serious conflicts of interest, nor will he liquidate even foreign holdings, the proceeds of which would put him in violation of the emoluments clause of the Constitution.

In an academically sound and federal court brief quality paper, Norman Eisen, Richard Painter and Laurence Tribe conclude:

Careful review of the Emoluments Clause shows that the Clause unquestionably applies to the President of the United States; that it covers an exceptionally broad and diverse range of remunerative relationships (including fair market value transactions that confer profit on a federal officeholder); and that it reaches payments and emoluments from foreign states (including state-owned and state-controlled corporations).

In the context of Trump, they cite multiple sources of foreign revenue that on their face would, the moment Trump is inaugurated, put him in violation of the Constitution. They enumerate multiple instances in which he already improperly blurred private and public conduct. (For example: “Most troubling, Ivanka has participated in several meetings between Mr. Trump and foreign heads of state, including those from Turkey, Argentina, and Japan. Ivanka’s presence at Mr. Trump’s meeting with Prime Minister Shinzo Abe of Japan is especially striking, since Ivanka is currently in talks with Sanei International (whose largest shareholder is wholly owned by the Japanese government) to close a major and highly lucrative licensing deal.”) They then list multiple holdings that would provide prohibited revenue. (For example: “Trump International Hotel, a major new project in Washington, D.C. and a new hot spot for foreign diplomats”; “the Industrial and Commercial Bank of China—owned by the People’s Republic of China—is the single largest tenant in Trump Tower”; “even as debates rage over American/Russian relations and Russian cyberattacks on U.S. interests and even on the recent presidential election, it has been reported that Russian financiers play a significant (albeit concealed) role in Mr. Trump’s organization.”)

https://www.washingtonpost.com/blogs/right-turn/wp/2016/12/18/trump-is-on-target-to-violate-the-constitution-the-moment-he-takes-the-oath-of-office/?utm_term=.270b79dcc053

Latest Discussions»General Discussion»Trump is on target to vio...