CREW: Donald Trump will violate the Foreign and Domestic Emoluments Clauses if he serves as president and fails to divest from his businesses. Likely sources of his illegal emoluments would include, but not be limited to:
- Truth Social parent company, Trump Media and Technology Group
- Trump World Tower
- Saudi-funded LIV Golf league and
- Real estate developments in Oman, Saudi Arabia and the United Arab Emirates.
Congress should pass legislation to make it simpler to enforce the Emoluments Clauses. Until then, executive branch employees must obey the law and may not use their authority to enable illegal emoluments to flow to a sitting president. Inspectors General and the Committee on Foreign Investment in the United States must also investigate Trump’s potential emoluments as they occur
See also CRS in Focus – Updated January 27, 2021. The Emoluments Clauses of the U.S. Constitution – “…Black’s Law Dictionary defines an “emolument” as an “advantage, profit, or gain received as a result of one’s employment or one’s holding of office.” There is significant debate as to precisely what constitutes an emolument within the meaning of the Foreign and Domestic Emoluments Clauses, particularly as to whether it includes private, arm’s-length market transactions. The only two district courts to decide this issue (in District of Columbia v. Trump and Blumenthal v. Trump) adopted a broad definition of “emolument” as reaching any benefit, gain, or advantage, including profits from private market transactions not arising from an office or employment, although higher courts have not weighed in on the issue…”
