Trump is probably smooth enough to avoid these conflicts
Dec 3, 2016, 12:00 PM
The transition period from President Obama to President-elect Donald Trump has been a lesson in Constitutional law. One of the latest lessons has to do with emoluments, which occurs in the Constitution.
Of course, most people associate emoluments with some sort of skin moisturizer, which is actually emollients.
This has to do with making sure Trump is loyal to the U.S., and only the U.S.
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“Our founders were very concerned with our leaders being influenced by foreign governments,” former Attorney General Rob McKenna told me. “Being enticed with titles of nobility and being given gifts. So they wrote this into the Constitution to make it clear that no president could become a titled noble from another country or receive gifts. As a result, for example, when our presidents receive gifts during overseas trips, those belong to the U.S government.”
An emolument would be some sort of payment. And the issue when it comes to Trump is he has investments all over the world. Any payment to one of his businesses would be a payment personally. I would think that what people would be worried about is some under-the-table payment. But if it’s just a hotel bill at his new hotel, would that be an emolument?
“No,” McKenna said. “As long as amount paid is fair market value. He’s still allowed to be paid for goods and service.”
However, if a foreign dignitary stays at the Trump International Hotel in D.C. and instead of paying $500, he or she opts to pay $1,000. That would be illegal, McKenna says.
“The bigger concern is whether or not he will make more money when diplomats stay at Trump International Hotel, so when they meet him I they can say, ‘Mr. President I love your hotel I just stayed there,'” McKenna said. “But that is probably not within the definition of emolument under constitution.”
Even if a trade delegation decides to book hundreds of rooms in the Trump National Hotel?
“It’s going to be very good for his business interests,” McKenna said. “He has his name on properties all over the world and they’re probably rubbing their hands with glee that they’re going to get a lot more business because people want to create favor with the administration.”
Trump has said he’s not going to be involved in the day-to-day operation of company. But he has stopped short of saying he will sell it all. Does that work as a way to insulate himself from foreign influence?
“No,” McKenna said. “If he wants to do that he should put his assets in a true blind trust, or, as Obama did, sold all stocks and put them in indexed funds … All our other presidents have been good like that. But none have come with such extensive business assets.”
Could Congress redefine emolument?
“They could pass ethics regulations, but there’s only so much they can do,” McKenna said.
He added that the Supreme Court probably won’t take up any lawsuits related to Trump business. But there will be lawsuits.
“But unless they’re are bribes, I don’t think it will be a legal issue,” McKenna said.
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