Rule of Law

Blumenthal, et al. v. Trump

Holding President Trump accountable for his violations of the Foreign Emoluments Clause.

In Brief

The Foreign Emoluments Clause of the Constitution prohibits the President from accepting any benefits from foreign states unless he first obtains the consent of Congress. President Trump has never sought or received such consent.
The Founders adopted the Foreign Emoluments Clause because they believed America would be harmed if federal officeholders, including the President, made policy decisions based on their own self-interest rather than the national interest.
There is nothing members of Congress can do to redress this constitutional violation so long as the President is accepting foreign government benefits without first obtaining congressional consent. That’s why the courts must enforce the Constitution.

Case Summary

The Foreign Emoluments Clause of the Constitution requires that all federal officeholders, including the President, seek and obtain the affirmative consent of Congress before accepting any benefits from foreign states. Our nation’s Founders concluded that such a requirement was the only way to prevent undue foreign influence on American officials, and to ensure that those officials act in the national interest, not their own financial self-interest. Because President Trump is accepting numerous valuable benefits from foreign states through his business empire without having first obtained the affirmative consent of Congress, Senator Richard Blumenthal, Representative Jerrold Nadler, and nearly 200 other Members of Congress are asking the federal courts to compel the President to comply with the Constitution.

Trump’s failure to comply with the Constitution matters. The Founders included the Foreign Emoluments Clause in the Constitution because they recognized that payments and gifts to U.S. officials by foreign governments could compromise the judgment of those officials and undermine their loyalty to the United States, thereby harming the American people. But as long as Congress was required to affirmatively approve such benefits in advance, the risk of foreign corruption would be reduced.

On September 28, 2018, the United States District Court of the District of Columbia ruled that the plaintiffs have standing to sue President Trump for violating the Foreign Emoluments Clause. The district court concluded that Trump’s alleged acceptance of foreign emoluments without congressional consent injures the plaintiffs in their capacities as legislators by denying them specific voting opportunities to which they are entitled by the Constitution—opportunities to cast binding votes either approving or rejecting specific foreign emoluments before the President accepts them. While President Trump argued that the case should be dismissed because Congress has political remedies available to stop him from accepting foreign emoluments, the district court disagreed, finding that these purported remedies are “clearly inadequate.”

Having concluded that plaintiffs have standing, the district court is now considering the second part of the President’s motion to dismiss, that is, whether the benefits he has been accepting qualify as “emoluments” within the meaning of the Foreign Emoluments Clause.

Examples of Trump’s Unconstitutional Emoluments

President Trump has at no time sought or received the consent of Congress to accept any foreign emoluments, even though public reporting makes clear that he has already violated the Clause in at least three respects:

Foreign States Giving Regulatory Benefits to Trump Organizations

  • Since Trump became President, the Chinese government has approved 40 new trademarks to Trump and his companies. Circumstances suggest that these trademarks were approved or expedited as a result of Trump’s status as President of the United States; the director of a Hong Kong intellectual property consultancy, for instance, “said he had never seen so many applications approved so expeditiously,” and the approvals closely followed Trump’s abrupt decision to honor the one-China policy, in contrast to his earlier statements. [Associated Press, Mar. 9, 2017]

Foreign States Paying for Rooms and Events at Trump Hotels

  • In January and February 2017, a lobbying firm working for Saudi Arabia paid for rooms at Trump International Hotel Washington, D.C., payments that were funded by the Saudi government. [Politico, Feb. 9, 2017]
  • On February 25, 2017, the Embassy of Kuwait held its National Day Celebration at Trump’s Washington, D.C. hotel. The estimated price of the celebration was between $40,000 and $60,000. [Reuters, Feb. 27, 2017]

Foreign-Owned Entities Paying for Space in Trump Tower

  • The Industrial and Commercial Bank of China, which is owned by China. [Bloomberg, Nov. 28, 2016]
  • Abu Dhabi Tourism & Culture Authority, which is owned by the United Arab Emirates. [Politico, Jun. 6, 2017]

In addition to the emoluments that have been publicly reported, there are almost certainly many more that are not yet known about — that, in fact, it is impossible to know about absent judicial process to compel Trump to provide information about his businesses and the benefits he has received from foreign states.

Case Timeline

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