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Stuart G

(38,726 posts)
Sun Jan 15, 2017, 09:43 AM Jan 2017

A clause in the Constitution that could start impeachment immediately, (emoluments) [View all]

This article explains why Trump must divest himself...(must) according to the Constitution..If he doesn't, then he is not following the Constitution. Cause for Impeachment ...(if they vote for it)


http://www.huffingtonpost.com/entry/trump-emoluments-clause_us_58794852e4b09281d0eaf212
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As many people have pointed out, President-elect Donald Trump has a problem: It’s called Article 1, Section 9, Clause 8 of the United States Constitution, better known as the “Emoluments Clause.” It says this:


“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”


“The idea behind the clause is pretty intuitive,” Harvard Law professor Noah Feldman notes at Bloomberg View. “If federal officials can be compensated by foreign governments, they can be bought.” He adds: “It’s pretty clear that the clause was intended to stop foreign governments from currying favor with federal officials through gifts.”


But Trump’s massive business holdings ― more than 500 different corporate entities around the world ― and his refusal to sell them before he takes office places him on a collision course with the Constitution.


The Trump International Hotel in Washington is one of the more talked-about entities in which the incoming president will run afoul of this constitutional stipulation. The $800-a-night showpiece was already a source of ethical woes for Trump, owing to the fact that the building is leased from the government, which by law is prohibited from renting property to officials in said government. This means that as soon as Trump is sworn into office, he will technically be on both sides of the lease, as both tenant and landlord. But we digress.


The more serious issue with the new hotel is that representatives of foreign governments could decide to book rooms as a way of currying favor with the Trump administration, which is already happening. And despite the efforts of Trump’s tax attorney, Sheri Dillon — who this week said that Trump would give away the profits (after expenses) his hotels made from foreign governments ― big concerns remain about foreign money flowing through Trump’s resorts. All the attention this week to Trump’s plan for avoiding profiting from foreign delegations at his hotels only served to distract from the real news that came out of his press conference on Wednesday: Trump is not planning to do anything to keep foreign influence from flowing into the other 500-plus companies he owns.

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