Emoluments Again

Emoluments: the returns arising from office or employment, usually in the form of compensation or perquisites.

On 11/30/16, I had this brief entry:

Michael Dorf talks about the "corruption premium" that Trump is at risk of taking advantage of and touches upon the constitutional provision against emoluments. 

More here. As suggested in the latter link, Congress might provide some safeguards there, including giving judicial standing to challenge. 

I also would offer disclosure rules and the possibility of relief being connected merely to business in question (such as a perk obtained). Note there is not a total ban; "without the Consent of the Congress." Impeachment is not the only remedy.

What took place? Trump took advantage. Lawsuits for which Trump ran out the clock (if he didn't win on standing). Congress did little. He almost ran out the clock regarding financial records (released at the end of Democratic control after the 2022 elections). No emoluments regulation (big fail imho since it seems like the one area that there was some shot at passage). 

Let's remember. Emoluments are regulated and banned via three constitutional clauses:

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

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 President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Congress has regulated emoluments, but for some reason the rules don't apply to the president, vice president, and federal lawmakers. Citizens for Ethics and Responsibility in Washington (CREW) targeted Trump last time, though so much is going on now that it is a "triage" operation. 

In January, CREW was part of a lawsuit suing to “block Trump’s illegal plan to fire government workers,” and in February, CREW sued the Department of Government Efficiency (DOGE) “to compel transparency.” Trump raised the idea of lifting CREW's tax exempt status. 

Multiple red flags. For instance:

• Trump is now in partnership with the Saudis [and others] on his golf courses and tours
• Trump Media, which owns Truth Social, is now a publicly traded company. 
• Trump launched a $TRUMP meme coin with insiders owning 80 percent of the fake asset. [cryptocurrency]

A recent article talked about his sons using the family name on a worldwide tour of profit making. Investors have an inside track with regulators. Trump himself is attending fundraising events to raise money for the family business. A promise not to make deals with foreign countries was quickly broken. 

As the red flag link summarizes:

We have become rather numbed to corruption now on full daily display from this administration an,d in particular the Trump family. Trump’s self-dealing, conflicts of interest, and public acceptance of “donations” from corporations and wealthy patrons are not only illegal under multiple laws but violate the letter and spirit of the Constitution.

Still, the corruption should not be totally lost among all the other illegal and unconstitutional actions going on. As Senator Chris Murphy, one of the most vocal Trump critics, noted on Bluesky:

Trump has set up a new club where CEOs, tech bros, and foreign oligarchs can pay $500,000 to join in order to get access to the Trump Cabinet who will all be there regularly. 

Just because the grift is all public doesn’t mean this isn’t the most corrupt White House in history.

The ranking member of the House Oversight Committee flagged this issue in January. If Congress gave a shit about its proper role, that would matter. 

Tariffs are a big corruption opportunity as Trump and Trump's cronies can game the system. His law firm shakedown includes negotations to obtain willing firms to support administration-friendly lawsuits.  

Financial corruption was a major concern of the Framers. They saw how the government could be gamed for personal profit. Many of them took part themselves. Multiple scandals over the years stood out, for Yazoo to Teapot Dome. Prof. Teachout's book is a good place to start to learn more about that. 

We knew in 2016 that Trump was corrupt to the hilt, making a career of ignoring the rules. Like so many things, it unfortunately didn't matter enough to stop him from winning office. His supporters, meanwhile, hypocritically talked about the alleged corruption of Hillary Clinton and Joe Biden. 

Emoluments. They are almost quaint when we are talking about hundreds of people denied due process before being sent to domestic and foreign prisons.

Still a problem. If the word sounds funny, use "financial corruption" or something. But, it's fundamental to show there is another way, and it is basic to good civic virtue. Don't let "whataboutism" stop the promotion of an imperfect but sane system.