Why Donald Trump should not divest

a reply to: richapau

What if does not apply. Only certainty applies. If Trump's salary does not change, then there is no emolument to HIM even if there is benefit to the Trump organization which is a legal person of its own.

a reply to: UKTruth
According to Blacks Law dictionary which is the stand EMOLUMENT?
The profit arising from office or employment; that which is received as a compensation for services, or which is annexed to the possession of office assalary, fees, and perquisites; advantage; gain, public or private. Webster. Anyperquisite,advantage, profit, or gain arising from the possession of an office. Apple v. CrawfordCounty. 105 Pa. 303. 51 Am. Itep. 205; Iloyt v. U. S., 10 IIow. 135, 13 L. Ed. 34S;Vansant v. State, 90 Md. 110, 53 Atl. 711.

The clause is "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."

Thus no person holding any office can receive without congressional consent a emolument, or office or title, of any kind whatever from any foreign state. According to Blacks Law Dictionary again, a foreign state. What is FOREIGN?
Belonging to another nation or country; belonging or attached to another jurisdiction; made, done, or rendered in another state or jurisdiction; subject to another jurisdiction; operating or solvable in another territory; extrinsic; outside ; extraordinary. This can be interpreted to mean any entity that is not the Federal Gov't of the United States.

Bottom line Trump is rowing into very dangerous waters legally speaking.

a reply to: richapau

Benefits to the Trump organization is not benefit to Donald Trump unless Donald Trump's salary as CEO increases because of that hotel fee from that foreign ambassador. Anyone can take a gift from a foreign state and put it in his pocket, regardless if he is a CEO or not.

a reply to: richapau

Which has nothing to do with the conflicts of interests laws.
The only present or emolument of any kind currently under question is hotel room bills paid for by foreign states. This is even a major stretch to be considered an emolument or present and there is not even a remote chance that it will do any damage to Trump. In fact he has decided to give all said room fees to the Treasury anyway.

Trump will have to ensure he receives no payments or gifts from foreign states, like any other President, but there is no requirement on him to divest or indeed do anything with his business.

a reply to: UKTruth

Only PROFITS are given to Treasury. Hotel fees are not given to Treasury because they have to cover for salaries, expenses, taxes, leases, maintenance, replacements, food and drink costs, utility bills.

Conflict of interest laws and bribe / emoluments laws are different.

originally posted by: Phage
a reply to: UKTruth

I don;t think this is really a big issue beyond partisan politics, certainly not a big ethical issue people are REALLY worried about.

Time will tell and he will be closely observed.

Of course, no one but he knows where all his interests are (no tax returns) so he could screw us while helping himself and no one would be the wiser.

Yeah, he could and he will be watched.

So what? Name me 1 broke mofo in washington.

originally posted by: richapau
a reply to: Metallicus

Hilary is irrelevant in this discussion. What she may or may not have done has ZERO bearing on what Trump IS doing.

What exactly IS Trump doing?

a reply to: burgerbuddy

He's preparing for POTUS.

One would have to be stunned stupid to not see why this is a can of worms and many potential conflicts.

a reply to: vonclod

All Donald Trump has to do is make sure he does not personally take and keep gifts from foreign states. If foreign states give benefits to the Trump organization while his salary does not change, then there is no emolument to Donald Trump himself, since the Trump organization is its own legal person separate from Donald Trump the legal person.

BTW, I think Donald Trump's salary as CEO should be somewhere between 1 to 5 million dollars per year. Rex Tillerson's salary at Exxon Mobil was about 24 million dollars per year. Exxon Mobile is a much bigger corporation than the Trump organization.

double

originally posted by: vonclod
One would have to be stunned stupid to not see why this is a can of worms and many potential conflicts.

Trump want's to be the first trillionaire?

This is still all a joke to him?

The guy makes money in his sleep, why are people trying to take that away? Where does it end? You? Me?
Oh wait!

Just because people project nefarious motivations on a position they personally would take advantage of, doesn't mean it will happen or it's true for someone else.

originally posted by: JeremySun
a reply to: vonclod

All Donald Trump has to do is make sure he does not personally take and keep gifts from foreign states. If foreign states give benefits to the Trump organization while his salary does not change, then there is no emolument to Donald Trump himself, since the Trump organization is its own legal person separate from Donald Trump the legal person.

Depends on what the definition of gift's is.

Right?

a reply to: burgerbuddy


A gift is something you get for free. If a foreign ambassador puts 1 billion dollars into his pocket for nothing. Then that is a gift.

a reply to: burgerbuddy

I thought there were pretty clear rules regarding this..don't apply for the job if you do not agree with the rules.
He figures he will just write his own as he goes along.
The fact he has money means nothing, for some it's never enough..like a drug addiction..not saying one way or another if this is the case with Trump.

a reply to: vonclod

Trump has his own salary. It's enough for him. He don't need more money. He has like tens of thousands of pocket money all the time. If he wanted a 25000 painting of himself, he buys it using pocket money, not using his foundation money.

a reply to: JeremySun

I seem to recall him buying stuff with foundation money.

a reply to: vonclod

He sure can do that. His foundation is a private one, not a charity one like the Clinton foundation. It's like comparing a private corporation with a public corporation. Totally different animals. The McMahons put millions of dollars into the Trump foundation for Trump to use any way he likes to.