Thursday, March 22, 2018

Something of Value

   When a government official accepts something of value from a foreign power, especially in exchange for something the official can do for the giver, the act is at best questionable and unethical, and at worst illegal and unconstitutional.
   It's called an emolument, and is specifically prohibited by the Constitution. No penalty is mentioned by the clause, Article I, Section 9 of the Constitution, which specifies that no federal government official can accept "any present, emolument, office or title of any kind whatever" from any foreign power, without the consent of Congress.
   Presidents have in the past accepted gifts from foreign governments, but these gifts typically have been given over to the Library of Congress. Otherwise, it could be considered bribery or treason, which are impeachable offenses.
   Whether the current occupant of the Oval Office faces such a predicament remains to be seen, but indications are that special counsel Robert Mueller is heading in that direction.
   Meanwhile, the attorneys general of Maryland and the District of Columbia have reportedly issued summonses to President Donald Trump alleging that he is violating the emoluments clause as foreign groups rent space in Trump-owned properties in the hopes of currying favor with the president.
   The Constitution says grounds for impeachment of a president are "treason, bribery or other high crimes and misdemeanors." Whether and how the president benefits from foreign groups staying at Trump-owned properties and whether that influences the president's decisions and is tantamount to bribery is up to investigators to prove.
   If so, the case would not only be a civil or criminal matter but also grounds for impeachment for the same offenses.
   And that's not double jeopardy, because impeachment is neither a civil nor a criminal offense. In fact, the Constitution specifies that after impeachment, trial and removal from office, a president could still face court action.

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