Norm Eisen on the Emoluments Clause

The Lawfare Podcast

The Lawfare Institute

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4.7 • 6.2K Ratings

🗓️ 11 February 2017

⏱️ 39 minutes

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Summary

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.

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0:22.0	rational security, chatter, law fair no bull, and the aftermath.
0:29.0	I don't experience it as a choice at all.
0:35.0	I experience it as a mandate, no different.
0:38.0	You can then you can say to the hotels,
0:40.0	well you're choosing to pursue,
0:43.0	you're choosing to pursue embassy business,
0:46.0	pursue some other business.
0:48.0	Why do you care that the embassies are not coming you to you?
0:52.0	You're choosing to have a profit margin.
0:54.0	It is intolerable.
0:56.0	Think if it was any other form of discrimination or to atel the ACLU,
1:02.0	you're choosing to defend our constitution.
1:05.0	You're choosing to defend that person.
1:07.0	It is not a choice like picking what necktie I'm going to wear today.
1:11.0	It's a mandate imperative on all Americans, on all organizations,
1:16.0	but above all on crew, which is dedicated to fighting corruption.
1:20.0	And here you have an assault on the most core American legal protection against corruption.
	...

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