The Emoluments Clause & the Trump Administration

You may have heard (or will start hearing) about a little-referenced clause in our US Constitution called the Emoluments Clause.  The Emoluments Clause of Article I, Section 9 prohibits any “Person holding any Office of Profit or Trust under [the United States]” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”  The following link provides an analysis from the Brookings Institution of the Emoluments Clause & its relevance to Donald Trump, his cabinet & administration.  It further provides a separate link to an in-depth report by Norman L. Eisen, Richard Painter, & Laurence H. Tribe, respected attorneys & legal professors, who give a historical perspective and current meaning to this Clause.  https://www.brookings.edu/research/the-emoluments-clause-its-text-meaning-and-application-to-donald-j-trump/

Call to Action by WCD Member

I’m not a fan of impeachment in government. It is a harsh and blunt instrument that causes collateral damage. But, it exists for those situations that can only be resolved by a harsh and blunt instrument and where the collateral damage must be weighed against the damage already being wrought. The conflicts of interest that President-elect Trump brings to the office and which he refuses to resolve are just such a situation. Mr. Trump should long ago have made clear that he planned to divest himself of his financial interests and to establish an actual blind trust rather than the fiction he has touted. Even at this late date, Mr. Trump could act, yet he does not.

The fruits of his conflicted financial interests touch and mar every aspect of the administration he proposes to construct. Most disturbing is that Mr. Trump will be in violation of the Emoluments Clause of the Constitution of the United States as soon as he is sworn in. I’ve written to Rep. Ann Wagner asking that she initiate impeachment proceedings in the House as soon as Mr. Trump takes office. I will write to Senators Blunt and McCaskill asking that they find Mr. Trump guilty when the trial begins in the Senate.

Below is my message to Rep. Wagner. I would urge other citizens to likewise ask for impeachment unless the conflicts are satisfactorily resolved.

“Dear Representative Wagner, I am writing you regarding my concerns about the conflicts of interest that confront President-elect Donald Trump. I am disappointed that President-elect Trump has not chosen to divest himself of his business interests and turn the management of his finances over to a trustee in a blind trust. President-elect Trump has been entrusted with the most important position in our democracy. That he choses financial and business interests over that trust shocks me. That he does so in light of the Emoluments Clause of the Constitution makes his actions even more brazen and insulting. That, however, is his choice to make. Given that choice I ask, upon President-elect Trump’s assuming office, that you begin impeachment proceedings under the Emoluments Clause of the United States Constitution. The application of the Emoluments Clause cannot be adjudicated through the federal courts because President Trump’s administration will have enormous influence over the administration of justice. I do not take impeachment lightly, but only impeachment by Congress can rectify this situation. I ask that Republicans take the lead in the impeachment precisely because Mr. Trump is ostensibly a Republican. I think it would be divisive to put Democrats in the position of solving this matter. Thank you for your prompt action in this matter in January.”

Submitted by Michael Pfeifer

One thought on “The Emoluments Clause & the Trump Administration

Comments are closed.