Lawfare Archive: Norm Eisen on the Emoluments Clause
Jan 19, 2025
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Norm Eisen, an ethics expert and former counsel for President Obama, dives deep into the Emoluments Clause and its implications during Trump's presidency. He discusses the ethical stakes and national security risks posed by Trump's business ties. Eisen reveals the legal challenges they've mounted to hold Trump accountable and emphasizes the necessity for rigorous adherence to this constitutional provision. The conversation also explores the complexities of distinguishing personal and corporate benefits, underscoring the urgent need for integrity in governance.
The Emoluments Clause is vital for preventing corruption and maintaining national security by prohibiting officials from accepting foreign gifts or benefits.
Norm Eisen and Richard Painter are pursuing legal accountability for Trump under the Emoluments Clause, emphasizing the need to uphold ethical governance across political divides.
Deep dives
Understanding the Emoluments Clause
The Emoluments Clause is critical in preventing corruption within the U.S. government by prohibiting individuals in office from accepting any gifts or benefits from foreign states. Its origin stems from the Founding Fathers' fear that foreign powers could influence American leaders through financial means. This concern remains relevant today, especially with the various business interests of influential political figures potentially leading to conflicts of interest. Experts argue that Trump's refusal to divest from his business ventures violates this clause and poses a significant threat to national security.
The Role of Norm Eisen and Richard Painter
Norm Eisen and Richard Painter are at the forefront of holding Donald Trump accountable for possible violations of the Emoluments Clause, having filed a lawsuit against him for failing to divest his business interests. Both have extensive backgrounds in ethics, with Eisen serving as an ethics chief under President Obama and Painter as an ethics lawyer in the Bush administration. Their collaboration represents a bipartisan effort to uphold ethical standards in government, highlighting the importance of protecting constitutional values across party lines. Their work addresses not only legal but also moral implications of unchecked power and influence.
Legal Challenges and Standing
Establishing legal standing in the lawsuit against Trump hinges on demonstrating how his alleged Emoluments Clause violations have caused harm to organizations like Citizens for Responsibility and Ethics in Washington. The plaintiffs argue that they have had to divert resources away from their primary objectives to address the constitutional crisis at hand. Legal precedents suggest that organizations have a legitimate standing to sue for significant violations of law, giving credibility to Eisen and Painter's case against Trump. The argument rests on the idea that the failure to address these violations undermines the mission of organizations dedicated to combatting corruption.
Potential Outcomes and Remedies
If the court finds that Trump has violated the Emoluments Clause, it could order him to cease accepting foreign benefits, which would be a significant legal precedent. The ideal resolution advocated by Eisen and Painter involves Trump selling off his business interests and placing them into a trust, effectively severing any potential conflicts. This remedy aligns with historical practices of past presidents who have divested in order to maintain the integrity of their office. The case represents not only a legal battle but also a broader fight to enforce ethical governance and uphold the rule of law.
From February 11, 2017: Donald Trump's election as president brought a surge of interest in the previously obscure Emoluments Clause, which prohibits any “Person holding any Office of Profit or Trust under [the United States]” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” Norm Eisen and Richard Painter, ethics experts for Presidents Barack Obama and George W. Bush, have been leading the charge to hold Trump accountable under the Emoluments Clause for his failure to divest of his businesses. Recently, they filed suit against him in their capacity as chair and vice-chair of the good government group Citizens for Responsibility and Ethics in Washington. Benjamin Wittes chats with Norm about the Emoluments Clause, the lawsuit, and what all this has to do with national security.