How Trump Will Profit From the Presidency (Again)
The high court resorted to this evasion because any ruling on the cases’ merits would have had to acknowledge that Trump, serially and flagrantly, violated the emoluments clauses both foreign (“no Person holding any Office of Profit or Trust … 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”) and domestic (“The President shall … not receive … any other Emolument from the United States, or any of them”).
There’s a rich literature on the many and varied ways Trump made mincemeat of the emoluments clauses during his first term, including two reports by the Democratic staff of the House Committee on Oversight and Accountability, one on foreign emoluments and one on domestic, and an update to the foreign emoluments report by CREW. According to CREW, Trump’s businesses received $13.6 million in payments from foreign governments during his presidency, including $5.7 million from China (mostly stays at Trump hotels), nearly $4 million from the United Kingdom (tax bailouts for two money-losing Trump golf resorts in Scotland), $1.1 million from Qatar (purchase of four units in Trump World Tower in New York City plus hotel stays at the now-defunct Trump International in Washington), and $885,000 from Saudi Arabia (which since 2001 has owned the forty-fifth floor of Trump World Tower; the Saudis also logged many stays at the Trump International). This tally excludes a reported $10 million campaign contribution that Trump’s 2016 campaign accepted from Egyptian President Abdel Fatah El Sisi. Such a contribution, if it was given, would be illegal. A Justice Department investigation of the alleged contribution was shut down by Trump Attorney General William Barr.
On the domestic front, federal and state officials spent, over just an 11-month period, more than $163,000 on rooms at the Trump International, including eight people Trump appointed ambassador and three people Trump appointed to the federal bench. Meanwhile, the Secret Service paid $1.4 million to various Trump properties in the United States so that it might carry out its duties to protect the president and his family from physical harm, at rates as much as 4.5 times the federal per diem. In some instances the Secret Service paid more than Trump charged members of the Qatari royal family. The Secret Service isn’t trying to bribe Trump, of course, but because its stays were paid from the Treasury they violated the domestic emoluments clause, which is triggered by the expenditure of government money.