Legal Scholars: Why Congress Should Impeach Donald Trump


trump

To address this unprecedented corruption of the Oval Office and this threat to our Constitution and our democracy, we believe Congress must move forward now with an impeachment investigation of President Trump. More than 575,000 people from across the country have already called for this, joining a new campaign launched moments after President Trump took the Oath of Office. The President’s possible conflicts of interest have become increasingly apparent.

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TIME – It has been widely acknowledged that, upon swearing the Oath of Office, President Donald Trump would be in direct violation of the foreign-emoluments clause of the U.S. Constitution.

Never heard of the foreign-emoluments clause? You’re not alone. It’s tucked away in Article I, Section 9, of the Constitution. It’s clause number 8. It states, in pertinent part: “… no person holding any Office of Profit or Trust under [the United States], 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.”

This clause was included in the Articles of Confederation and, later, in the Constitution itself. It was borne out of the Framers’ obsession with preventing in the newly minted United States the sort of corruption that dominated 17th and 18th century foreign politics and governments — characterized by gift-giving, back-scratching, foreign interference in other countries and transactions that might not lead to corruption but, nonetheless, could give the appearance of impropriety.

Where Trump runs afoul of the foreign-emoluments clause is that, first and foremost, he is a businessman with significant financial interests and governmental entanglements all over the globe. Indeed, as Norman Eisen, Richard Painter and Laurence Tribe stated at the Brookings Institution, “Never in American history has a [President] presented more conflict of interest questions and foreign entanglements than Donald Trump.” Moreover, Trump’s businesses dealings are veiled in complicated corporate technicalities and lack transparency.

The Trump Organization does or has done business in Argentina, Azerbaijan, Bermuda, Brazil, Canada, China, Egypt, Georgia, India, Indonesia, Ireland, Israel, Panama, Philippines, Qatar, Russia, Saudi Arabia, South Korea, St. Martin, St. Vincent, Turkey, United Arab Emirates, United Kingdom and Uruguay. And, while serving as President, Trump, through his interest in the Trump Organization, will continue to receive monetary and other benefits from these foreign powers and their agents.

Examples of existing business arrangements that constitute violations of the foreign-emoluments clause include: China’s state-owned Industrial and Commercial Bank of China is the largest tenant in Trump Tower, and the state-owned Bank of China is a major lender to Trump. Trump’s business partner in Trump Tower Century City in Manila, Philippines is Century Properties, which is run by Jose Antonio, who was just named special envoy to the United States by the president of the Philippines. Further, many Trump Organization projects abroad require foreign government permits and approvals, which amount to substantial financial benefits that also constitute foreign emoluments.

Presidents and public officers often utilize blind trusts so as not to violate the foreign-emoluments clause. A truly blind trust involves an arrangement wherein the public officer has no control whatsoever over the assets placed in the trust — that means no communications with, from or about the trust, and no knowledge of the specific assets held for his benefit in the trust.

In the case of Trump’s ownership in the Trump Organization, this could be achieved only by a complete liquidation of the assets, with the proceeds to be invested by an independent Trustee, without Trump’s involvement or knowledge. Trump’s decision to continue the business of the Trump Organization, continue to maintain his substantial ownership of the organization and turn the management of it over to his children, is woefully inadequate in addressing the emoluments clause.

Worse, taking the position that the foreign-emoluments clause doesn’t even apply to him, Trump has stated that: “I can be President of the United States and run my business 100 percent, sign checks on my business.” And: “The law is totally on my side, meaning, the president can’t have a conflict of interest.”

To address this unprecedented corruption of the Oval Office and this threat to our Constitution and our democracy, we believe Congress must move forward now with an impeachment investigation of President Trump. More than 575,000 people from across the country have already called for this, joining a new campaign launched moments after President Trump took the Oath of Office. The President’s possible conflicts of interest have become increasingly apparent.

In the meantime, instead of starting to “make America great again,” the 45th President should read the Constitution and “make the President honest again.”

After all, he swore to uphold the Constitution.

SOURCE

  1. #1 by slindauer2010 on 02/07/2017 - 9:34

    I am appalled that your blog is jumping in with the crazies who supported Hillary’s corrupt “pay to play” and Obama’s 8 years of wars in Libya, Yemen, Syria, ISIS/Kurdish quagmire— And Trump’s in office 17 DAYS ??? STOP !! GOODBYE!!!

    ed note–truly one of the more maddening aspects of doing what we do here is dealing with people who allow themselves to go off half-cocked without considering exactly what is being said and why.

    As anyone who follows this website knows, we have been unswerving in our coverage of what the anti-Trump fanatics are doing in trying to undermine what the new president means to accomplish in reigning in the Neocons and their plans for WWIII. The article that has got you in such a tizzy is part of that process in exposing the mechanics of what these people are doing and what they plan to do. It is not an endorsement of any sort, and to do so would require an absolute, 180 degree about-face on our part in terms of what we stand for and what we have said very publicly to the great aggravation of a good many people who have accused us of being ‘secret Zionist agents’ for not buying into their bullshittery that Trump is a ‘ZY-nist agent’ himself.

    As the great Mike Piper used to say when discussing the inherent, incessant nuttery that seems to permeate all aspects of this movement–‘you’re damned if you do and damned if you don’t’ and it is no wonder so many good, talented people eventually have their fill of all of this to the point that they cme to see what a waste of time all of this is and who then make the sane decision to just walk away from the whole thing.

  2. #2 by officer06 on 02/07/2017 - 9:34

    THIS IS A STUPID AND SUPERCILIOUS RUSHED AND FAR TOO HASTY ‘RECOMMENDATION’ ! TRUMP HAS LESS THAN 30 DAYS IN OFFICE! HE HASN’T HAD TIME TO DO WHAT THIS SILLY ARTICLE PROPOSES TO ADVOCATE! IT’S FOLLY LIKE THIS THAT HAS BROUGHT OUR COUNTRY TO IT’S PRESENT CONDITION OF RUIN!!

  3. #3 by Kolo on 02/08/2017 - 9:34

    Welcome to the fine art of Judaism

  4. #4 by James Benn on 02/08/2017 - 9:34

    “This clause was included in the Articles of Confederation and, later, in the Constitution itself … [to prevent] … gift-giving, back-scratching, foreign interference in other countries and transactions that might not lead to corruption but, nonetheless, could give the appearance of impropriety.”

    Appearance of impropriety! On that basis, the entire Congress should be bundled out of orifice on the double given that every man jack of ‘em is a Rotshite shill. Not to mention those DECLARED ‘dual citizens’ who infest government at all levels. Remember their craven obeisance before the truly ghastly Benjamin What-a-Yahoo …

    The Constitution also includes seven clauses dealing with money, including Article I, Section 8, Clause 5: “The Congress shall have Power…To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures.”

    Don’t mean it’s being adhered to. The fact that the US Govt has waived the power to ‘coin’ its own money supply but instead has generously bestowed that power upon The Juze, means that the entire Govt is in fact in the service of a foreign (and extremely hostile) power. The self-same Power that wants to get Trump booted out before he’s even started. Namely … The Power of Usury!

  5. #5 by truthaholics on 02/12/2017 - 9:34

    Reblogged this on | truthaholics and commented:
    “Worse, taking the position that the foreign-emoluments clause doesn’t even apply to him, Trump has stated that: “I can be President of the United States and run my business 100 percent, sign checks on my business.” And: “The law is totally on my side, meaning, the president can’t have a conflict of interest.”

    To address this unprecedented corruption of the Oval Office and this threat to our Constitution and our democracy, we believe Congress must move forward now with an impeachment investigation of President Trump. More than 575,000 people from across the country have already called for this, joining a new campaign launched moments after President Trump took the Oath of Office. The President’s possible conflicts of interest have become increasingly apparent.

    In the meantime, instead of starting to “make America great again,” the 45th President should read the Constitution and “make the President honest again.”

    After all, he swore to uphold the Constitution.”

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