Earlier today, the Department of Justice made headlines after asserting that President Trump can legally accept products, services, and money from foreign governments without gaining the approval of Congress. This was shocking to many people, especially since the Constitution bars Unites States officials from receiving gifts or monetary donations that have not first been approved by Congress. CBS News reports that this statement followed after a lawsuit from Citizens for Responsibility and Ethics; their attorneys claim that foreign leaders are conducting business with the President in order to buy his favor, loyalty, and allegiance. While the validity of this assertion is still in the wind, it begs to question: even if President Trump can legally accept foreign money, would it be wise for him to do so?
According to the Department of Justice, the emoluments clause in null and void when dealing with fair market transactions, such as hotel bills and office rent. Their statement is as follows: The emolument clause is “not designed to reach commercial transactions that a president (or other federal official) may engage in as an ordinary citizen through his business enterprises.” So by their meaning, the President is well within his rights to work with foreign countries, even if that means dealing with monetary transactions, so long as it pertains to his businesses and not his Presidency. Even the biggest Trump supporter will admit that such a claim constitutes as a very grey area.
