What Public Officials Need to Know About the Emoluments Clause
The foreign emoluments clause can be found in Article I, Section 9 of the United States Constitution. The emoluments clause specifically reads, “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 congress, accept any present, emolument, office, or title, of any kind whatever, from any King, Prince, or foreign state.” The aim of the foreign emoluments clause is to discourage American leaders from being influenced by gifts or titles given to them by foreign governments and royalty. America’s founding fathers were truly ahead of their time in how they designed our government and sought to protect and insulate against federal public corruption in many ways. The emoluments clause was written to prevent a president who also happens to be a businessman from profiting off of his title as President of the United States. Current President Donald Trump has long been in the crosshairs for his alleged wide-ranging business activities. One allegation brought by the Attorney Generals of both the state of Maryland and well as the District of Columbia for instance, accuses President Trump of violating the federal emoluments clause by maintaining a financial stake in the Trump International Hotel in Washington D.C. and allowing foreign officials and governments to stay in the hotel and pay for their stays.
CURRENT EMOLUMENTS CASE OF BLUMENTHAL V. TRUMP
In the case of Blumenthal v. Trump, 29 democratic members of the Senate and 186 democratic members of the House of Representatives acting as plaintiffs alleged that President Trump violated the federal emoluments clause. These members of Congress are seeking the ability to case a binding vote on whether Trump can accept an emolument since the Constitution requires “the consent of Congress” to do so. The big issue so far in this case is that of standing. In September of 2018, the United State District Court for the District of Columbia ruled that the plaintiffs in this case did have standing to sue President Trump and allowed the case to continue. The President later found relief in February of 2020 when the D.C. Circuit Court ordered that the September 2018 ruling by the District Court be reversed, stating that the plaintiffs in this case actually did not have standing to sue as they are not the majority in Congress. The case is now pending the decision of a writ of certiorari to the United States Supreme Court, who will make the final decision on the case if they choose to accept the case.
HOW DOES THIS AFFECT ME?
If you are a public official at any level of government, you might be at risk. The federal emoluments clause does not only apply to the President of the United States. The Department of Justice generally finds that most federal personnel hold some sort of office of profit or trust. This includes all military personnel whether active or retired and all civilian full-time federal employees. If you have any questions relating to public corruption as it relates to the emoluments clause, then it is important that you speak to an experienced federal public corruption attorney as soon as possible. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you are in the public eye, then you are also dealing with public trust. A loss of that trust can be devastating to any future career in government work.
