I’m not a lawyer, but hang with a lot of them (including at least one whose law school tuition I paid.) And no one seems to believe this is a crazy idea. But of course, I hang with circles of very concerned progressives who grasp at straws between wine glasses, so I thought that while this won’t be a well-documented diary, it might just be an interesting enough idea to attract more educated opinions. (And after all, it’s the weekend and most folks are gardening or tending their cats.)
That Trump has violated the emoluments clause is beyond doubt. But the plaintiffs suing him are bars and hotels competing with his “old post office” digs, and their chances of getting a decision any time soon are slim and none. That one is valid, but a real plodder.
But here’s the rub. How can Trump sign any tax bill unless we know if the signing itself isn’t an emolument? It seems abundantly clear that if his signature gives him direct profit, he cannot sign it. And unless his tax forms are released, no one would know.
AND TRUMPCARE IS ESSENTIALLY A TAX BILL; IT GIVES BIG TAX BREAKS TO MANY, INCLUDING PROBABLY THE PRESIDENT. SO HOW CAN HE SIGN IT?
It goes farther. If SCOTUS said he had to reveal and divest, he would resign immediately—he would never be able to sell his investments at fire sale prices. He’d be happily doing AM radio with Bannon.
Now, to make that happen a group of persons with “standing” would have to sue.
That would, probably be a group with a health care co op and pre-existing conditions. But it would have to happen fast and furious...of course, we are already furious.