No, the emoluments clause does not apply to the Trump organization.

Even if Donald Trump still owns it, in part or in whole, the emoluments clause does not apply to it. I quote the emoluments clause of the constitution.

“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.”

First, it has to be a direct transfer from a foreign state to the president himself.

Second, even if a foreign corporation controlled by a foreign state in terms of shares does business with the Trump organization, this does not violate because the foreign corporation does not represent the foreign state. A case in point, in 2009 when General Motors was controlled by the US government which owned 40% of GM's shares, GM did not represent the US government. GM was a corporation separate from the US government and did not represent the US government.

a reply to: TaiHai

First, it has to be a direct transfer from a foreign state to the president himself.

It doesn't say that. I think that's for a judge to decide.

Second, even if a foreign corporation controlled by a foreign state in terms of shares does business with the Trump organization, this does not violate because the foreign corporation does not represent the foreign state.

Correct, foreign Corporation are not governments. But, plenty of government officials use Trump's hotels and golf courses. Governments approve his companies plans and permits, and some of them pay rent to his businesses.

a reply to: windword

A foreign government official may or may not represent the foreign state. Nigel Farage is a member of the British government, but when he uses a room in a Trump hotel and pays the fees, he is not paying as a representative of the British state.

A Chinese bank owned by the Chinese government rents a premise in the Trump Tower. But that bank does not represent the Chinese state.

a reply to: TaiHai

Hand lotion anyone?

a reply to: TaiHai

I don't believe that either of your conjectures are true.

The clause prevents the president from being influence by a foreign state. He has to know about such a gift from a foreign state to be influenced.

Donald Trump will be in the White House and surrounded by people all the time. Even if a foreign diplomat goes to his hotel and pays a fee that far exceeds what every other customer pays for that room as a gift, Donald Trump will never know about it unless the media reports it. If the president does not know about a gift from a foreign state, then he cannot be influenced by the foreign state.

Emolument comes from a Latin word and means gain or advantage. Let's say the price for staying at a Trump hotel costs 1000 dollars, and a foreign diplomat comes and stays and pays 10000 dollars. That's a 9000 dollars emolument. If Donald Trump does not know about it, then he cannot be influenced by it. If the media picks it up, then Donald Trump knows about it, then he subtracts 1000 dollars from 10000 dollars and donates the 9000 dollars emolument to the Treasury. So either way, no problem.

a reply to: windword

It's all about "intent".

a reply to: TaiHai


How do you propose to keep Trump from knowing where his foreign dignitaries are staying?

a reply to: windword

The media will surely pick it up and tell him. If the foreign diplomat pays MORE than the stated price which is the price paid by everyone else, then the media will report that to the president and the president can take the amount paid by the foreign diplomat and subtract the stated price and donate the resulting emolument to the Treasury. That's not a problem.

a reply to: TaiHai

Yes, it's still a problem. Those monies are "fungible" and can't be legitimately separated as profit or not. They prop up the bottom line, whether they go into payroll or janitorial services.

a reply to: windword

The stated price at a Trump hotel is the fair price, because that's the price everyone else pays. Any amount paid more than that is a gain or emolument. It's easy. The hotel knows how much a foreign diplomat paid. If the stated price is 1000 bucks and the foreign diplomat paid 10000 dollars. Then that's a gain or emolument of 9000 dollars. That 9000 dollars goes into the Treasury so it does not influence the president.

Emolument is from a Latin word that means gain or advantage.

a reply to: TaiHai

Well, we'll just have to wait and see how the legal term work out in this case.

The moment Donald Trump became the 45th President, some legal experts say he triggered a violation of the foreign emoluments clause in the Constitution, flouted the plain terms of the lease for his Washington hotel, and opened himself up to a dizzying array of ethical questions on financial conflicts of interests.
www.cnn.com...

a reply to: windword

The constitution does not forbid the president from owning a family business. Let's say I cut your lawn. I might charge you 40 bucks which is roughly the fair price. If I charge you 4000 bucks for it, would you take my service? No. 4000 bucks for cutting your lawn would give me a gain or emolument of 4000 - 40 = 3960 bucks. That's what emolument means. Emolument means gain. It means something above the fair price.

As for the DC lease, federal law states the president is the only one who is exempt from conflict of interest laws. It implies it is legal only for the president to lease the DC premise.