Earlier tonight, NMDad mentioned that a number of diplomats are staying at Trump’s new luxury hotel in Washington in hopes of gaining access to him. Well, it turns out this arrangement isn’t just outrageously corrupt. It’s potentially impeachable.
Richard Painter, George W. Bush’s former chief ethics counsel, took one look at the WaPo report and told Think Progress’ Judd Legum that this is a violation of the “Title of Nobility Clause,” also 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. (emphasis mine)
Longstanding precedent holds that federal officials can do business with foreign officials—provided that the transaction is for fair market value. Painter suspects that if a diplomat is staying at the Trump International Hotel Washington in hopes of gaining access to him, it would far exceed the fair market value of the stay—and would therefore be a gift. He believes that Trump has only one option—sell the hotel, or “give it to his kids (and pay the gift tax)” before he takes office.
What if he doesn’t, though? Legum notes there haven’t been many cases involving this clause, and hotels may be skittish about suing Trump. He does, however, think there is a way to stop Trump—impeachment.
Let’s review. Unconstitutional gifts from diplomats? Check. Abuse of power? Check. Intimidation and bribery? Check, check, check. At the very least, it would be grounds to demand that he choose between the hotel and his presidency.