Taking the President’s Self-Dealing to Court

In Conflict of Interest, Judiciary and Courts On

Lawsuits filed this week by the attorneys general of Maryland and the District of Columbia and by nearly 200 Democratic members of Congress may be the best chance to hold President Trump accountable for unconstitutional self-dealing, since the Republican-controlled Congress won’t.

Drafters of the Constitution were so determined to reduce potential corruption that they prohibited officials from accepting “any present, emolument, office, or title, of any kind whatever” from foreign governments without approval from Congress, and barred presidents from receiving payments from federal or state governments other than a salary.

But President Trump seems determined not to let the Constitution stop him from doing what he wants. He has refused to divest his hotels, real estate properties, golf courses and other businesses, many of which earn money and receive other benefits from foreign governments and federal and state agencies.

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