On Thursday’s broadcast of Fox Business Network’s “Cavuto: Coast to Coast,” Fox News legal analyst Judge Andrew Napolitano said President Donald Trump’s plan to host the G7 at a resort he owns was a “direct and profound” violation of the Emoluments Clause in the Constitution.
Napolitano said, “The Constitution does not address profits, it addresses any present, as in a gift, any emolument as in cash of any kind whatever. I’m quoting the Emoluments Clause, from any king, prince or foreign state. So if this were a meeting of the governors of the United States, there would be no problem. The purpose of the Emoluments Clause is to keep the president of the United States of America from profiting off of foreign money, here we go again, not in the campaign but in some event or entity that he controls or is running. He has bought himself an enormous headache now with the choice of this. This is about as direct and profound a violation of the Emoluments Clause as one could create.”
He added, “Most respectfully, Mr. Mulvaney’s focus on profit, while it may make sense in the economic world, is not what the Framers were concerned about. They were concerned about a gift or cash coming directly or indirectly to the president of the United States, even if it’s done at a loss. Now, the president owns shares of stock in a corporation that is one of the owners of this, along with many other investors. He also owns shares of stock in the corporation that manages it. So those corporations will receive a great deal of money from foreign heads of state because this is there. That’s exactly, exactly what the Emoluments Clause was written to prohibit.”
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