IMPEACHMENT: LET US COUNT THE WAYS

If, as appears increasingly likely, the House of Representatives moves forward with impeaching President Donald Trump, lawmakers will find themselves working in a target-rich environment. Trump has committed so many wrongs, we should expect several articles of impeachment. Most recent attention has focused on Trump’s July phone call to Ukraine  President Volodymyr Zelevksy, in which Trump reportedly pressured Zelevsky about investigating former Vice President and potential 2020 Democratic presidential nominee Joe Biden and Biden’s son, Hunter, who served on the board of a Ukrainian company. That’s the tip of the iceberg.

We’d remind everyone of the ten likely acts of obstruction of justice outlined in Special Counsel Robert S. Mueller’s report. Oh, and

don't forget the federal campaign fiance issue rasied by hush money payments that apparently bought the silence of two women, Stormy Daniels and Karen McDougal,concern-

ing affairs they had with Trump before the 2016 election. His former attorney, Michael Cohen, remains in federal prison for his role in that. Trump was named as an unindicted co-conspirator and might also be in prison except for the policy against

prosecuting a sitting president. Today, however, we’ll focus on Trump’s financial transgressions, the ones from which he directly or indirectly profits as a result of being president.

         

Emoluments

Article I, section 9, clause 8 of the United States constitution provides:

“…no person holding any office of profit or trust […] shall without the consent of the Congress, accept any present, Emolument, Office, or Title of any kind whatever from any King, Prince, or foreign state.”

                       

This obscure, somewhat awkwardly written section – the emoluments clause – essentially means presidents can’t profit from being president through gifts or financial benefits received from foreign actors. In numerous ways, Trump has flaunted that provision.

The G-7 Suggestion

In late August, at the end of this year’s G-7 meetings in France, Trump suggested holding next year’s G-7 meeting at his Trump Doral resort in Florida. He promoted the location (“near the airport” Trump claimed), the “luxurious rooms,” and the spacious bungalows. He raised the point in a meeting with German Chancellor Angela Merkel.

         

Others didn’t think much of the idea. Jordan Libowitz, communications director for Citizens for Responsibility and Ethics, called holding such a gathering at Trump’s resort, “a free, giant international promotion” for Trump’s business interests. It also sounds like an emoluments clause violation, since those foreign governments would spend all that money on rooms, food, and whatever else at Trump’s place. He didn’t offer Doral free of charge. 

Trump International Hotel -- Washington

Unlike most presidents who put their business interests in a blind trust or divest them  altogether upon taking office, Trump maintains his real estate and other holdings,

including Trump International Hotel in Washington. The Washington Post reports that hotel generated $80 million for the Trump organization since he took office, one tenth of the company’s revenues. Hotel officials claim they donate to charity all profits realized from foreign visitors. Still, Trump International remains a major attraction for officials of foreign governments. Whether the hotel constitutes a real violation of the emoluments clause, it doesn’t pass the smell test.

Vice President Pence

It’s not just foreigners who’re benefitting Trump. On a recent trip to Ireland, the

Vice President's business took him to Dublin, where he met with leaders of the Irish government. So, where did Pence stay? At Trump’s National Resort in Doonbeg, 180 miles away. Pence said Trump “suggested” he stay there, then claimed the reason was the “footprint” of

his security detail and staff.  Who paid the $600, 000 in ground transpor-tation costs? U.S. taxpayers, of course.  Who profited from the hotel stays? Trump, that’s who.

Air Force Stopovers

Several U.S. news outlets reported earlier this month that in September 2018, a unit of the Maine Air National Guard stopped at Prestwick, a small commercial airport near Trump’s Turnberry resort in Scotland.  An Air Force C-17 crew also stopped there on a trip to Kuwait. The U.S. Air Force has had a contract at that airport for refueling since 2015, but crews staffing those flights made their overnight stays at other area hotels. Only since Trump became president have U.S. military crews stayed at Trump’s property. An investigation is underway by the House Government Oversight and Reform Committee.

In fairness, we must acknowledge some confusion exists about the meaning of the emoluments clause. What’s a violation? Who has standing to sue? The issue hasn’t been litigated, mostly because no president has ever done what Trump has done – retain a vast business enterprise that offers services in just the kinds of things that encourage patronizing of those services by those seeking the president’s favor. Foreign governments wanting influence over U.S. foreign policy, lobbyists seeking government contracts or presidential support for or against legislation, and American government officials looking for favorable treatment of their agencies by the White House all have an incentive for currying favor with this president by patronizing his hotels and resorts.

Cases are now working their way through the lower federal courts, so perhaps we’ll soon have a reading on how the judiciary views the emolu- ments clause. If we’re lucky, those cases will become moot soon because Trump has left office.  We can only hope.