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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA clause in the Constitution that could start impeachment immediately, (emoluments)
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: Its 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: Its pretty clear that the clause was intended to stop foreign governments from currying favor with federal officials through gifts.
But Trumps 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 Trumps 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 Trumps resorts. All the attention this week to Trumps 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.
Democrats must stand together and push impeachment immediately, I think McCain, Graham, and Susan Collins will be on board from the get go.
Stuart G
(38,434 posts)It is clear..he must get rid of the investments. Profiting from them, is against the law, they must be removed or isolated somehow...Having his children run the business, is clearly against the law..And a judge would rule that.
onenote
(42,714 posts)Let's say the Democrats introduce an impeachment resolution. It gets referred to the House Judiciary Committee. And then you can kiss it goodbye. There is no requirement that there be any hearings, anything. And the Democrats can force the repubs to hold hearings, a vote, anything.
Impeachment resolutions have been introduced against every president starting with Johnson, except Ford and Carter. The only times hearings have been held on any of these resolutions is when the House was controlled by a different party than the president.
So it really wouldn't matter if McCain, Graham and Collins are "on board" -- they'll never get an opportunity to do anything unless and until the House votes to impeach. And that isn't going to happen "immediately" if ever.
lapfog_1
(29,205 posts)it takes 67 senators to vote to convict and remove.
It will never happen.
Ruby the Liberal
(26,219 posts)They are going to look the other way as long as possible in order to ram their agenda through. No way in hell are they going to go anywhere near this.
malaise
(269,054 posts)Arrest the criminal
Stuart G
(38,434 posts)the number 1 law of the land...will he follow the law?
Mariana
(14,858 posts)He'll have the consent of the Congress, so he won't be in violation.
Bucky
(54,027 posts)Mostly because they're too scared to stand up to the crook. The only thing that's going to save this country is if we the voters organize and control our own politicians