We all know that Democrats are not the best at messaging and, in particular, messaging discipline.
So, below are three crucial pieces of advice for Democrats as they go forward in the press and legislative debate and discuss Donald Trump’s efforts to profit off the presidency. Each change is small but necessary if Democrats are going to win this fight.
1. Don’t refer to Trump’s “conflict-of-interests.” Do refer to Trump’s breach of the Constitution. Trump and Republicans already have been successful at re-labeling and reducing this fundamental breach of trust as a question of mere “conflicts-of-interest.” Trump’s efforts here are particularly helpful to him because a primary federal statute on conflicts-of-interest explicitly exempts the President. In addition, the whole framing sounds like a wishy-washy balancing of interests (with no clear answer) and, worse, plays into the notion of Trump as a rich, successful person juggling many accomplishments. (Indeed, Trump has exploited the above to such a degree as to repeatedly state incorrectly that “the President can’t have a conflict of interest.”)
This is nonsense. Trump is planning to violate the Constitution, and that has to be the Democrats’ uniform, concise message. As has been said (but not enough), Trump’s openly planned scheme to profiteer while in office violates Article I, Section 9, Clause 8 of the Constitution, otherwise known as the “Emoluments Clause”:
“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.”
There is no “balancing test” to this Constitutional obligation. Indeed, Presidents have had to turn over all sorts of odd, and valuable, gifts or payments from foreign governments. Trump is no different. Trump’s business with foreign sovereign governments, banks and corporate entities violates the Constitution. It is not permitted, period. Each day that it continues, the scandal grows worse. This has to be Democrats’ clear, uncompromising message every day of this fight.
When Republicans and commenters discuss some half-measure, etc., be sure to respond plainly: “Donald Trump is violating the Constitution.” Force Trump and the press to acknowledge this fact. Explain why the Founders included this prohibition in the Constitution, and don’t quibble about the alleged difficulties of a blind trust. Stress that this is a requirement, not a choice. This is not like his hidden tax returns. Trump is not mishandling a problem; James Madison would have considered this an impeachable offense.
2. Expanding Trump’s scheme to include his children only makes the offense far worse. In response to his breach of the Constitution, Trump amazingly has proposed to expand his offense by promoting his children within the profiteering Trump Org. Predictably, Democrats only stutter that: (i) this doesn't cure Trump’s breach or, more egregiously, (ii) this is meaningless. NO. Trump has made his planned breach of the Constitution worse.
Let’s be clear: When Dick Cheney entered office, there were rightful protests that he continued to hold stock and stock options in Halliburton. Now imagine if Cheney had said: “Not only will I continue to hold such equity, but I will install my two daughters as co-CEO types of Halliburton.” People’s heads would have exploded at the gall of this misconduct. The same should be true here.
Dear Schumer, et al.: Your job is to ask the country — “Trump’s misbehavior is bad enough, but how many additional Trump children, spouses, in-laws, cousins, and grandchildren does he plan to have ripping off the American taxpayer and taking illegal foreign payments?” “Will we have a President or a crime family?”
3. Exploit early and often Trump’s lie that no new business will be conducted during his term. In a tweet the other day, Trump wrong-footed some of his critics by writing: “I will be leaving my businesses before January 20th so that I can focus full time on the Presidency. Two of my children, Don and Eric, plus executives, will manage them. No new deals will be done during my term(s) in office.”
But Paul Waldman at the WashPo, referring to previous Trump quotes, explains that what Trump really means is: “No new deals will be done [BY ME] during my term(s) in office. Don and Eric will be free to pillage and plunder as they wish.”
In other words, Trump just handed Dems a gift, and Dems have to remind people every day that Trump began lying to the American people right from the start of the scheme.
So there you have it — Trump is trying to enrich himself with foreign money in violation of our Constitution. Trump’s whole family is trying to jump onto this sordid gravy train. And they have tried to mislead the American people about this right from the very start.
In other words, don’t whine about the issue; Seize the issue and turn it into the coherent attack that it deserves to be.