Tuesday, December 20, 2016

No Pressure

The Embassy of Kuwait allegedly cancelled a contract with a Washington, D.C. hotel days after the presidential election, citing political pressure to hold its National Day celebration at the Trump International Hotel instead.

A source tells ThinkProgress that the Kuwaiti embassy, which has regularly held the event at the Four Seasons in Georgetown, abruptly canceled its reservation after members of the Trump Organization pressured the ambassador to hold the event at the hotel owned by the president-elect. The source, who has direct knowledge of the arrangements between the hotels and the embassy, spoke to ThinkProgress on the condition of anonymity because the individual was not authorized to speak publicly. ThinkProgress was also able to review documentary evidence confirming the source’s account.

  Think Progress
I don't doubt this account at all, but I'd be surprised if they have actual evidence of the pressure involved. Still, I don't imagine it will take any pressure to get anyone wanting any access or consideration to book Trump hotels now. Everyone knows how vindictive and petty the man is. Even if he weren't, there'd still be a tendency to book Trump hotels, because, hey, it can't hurt.
Donald Trump and the businesses he owns and controls do not seem concerned about mixing his business and official activities. “The law is totally on my side, meaning, the president can’t have a conflict of interest,” Trump told the New York Times.
Richard Nixon used that one, too.
Although the president is exempt from some conflict-of-interest laws, the Congressional Research Service recently identified nine federal conflict of interest and ethics provisions that could apply to the president.

One looms large over the apparent hotel deal with the Kuwaitis: The Emoluments Clause of the Constitution, which prohibits the president from receiving money from a foreign government or head of state.

[...]

The apparent move by the Kuwaiti Embassy appears to be an effort to gain favor with president-elect through his business entanglements, and it appears to show Trump’s company leveraging his position as president-elect to extract payments from a foreign government. The latter, according to top legal experts, would be unconstitutional and could ultimately constitute an impeachable offense.
May be. But that's not going to happen. Sadly.
Less than two weeks after that event, Politico reported that Bahrain, another Middle Eastern monarchy, would host its National Day reception at the Trump hotel on December 7.

[...]

The Republic of Azerbaijan also recently co-hosted a Hanukkah party at the Trump hotel, despite the anti-Semitic undertones of the Trump campaign.

[...]

Trump planned to explain in a press conference this month how his businesses would operate after he assumes office, but he has postponed the announcement indefinitely.

[...]

One Middle Eastern diplomat told the Post that he or she expects foreign entities to begin holding events and booking stays at the hotel. “Believe me, all the delegations will go there,” the diplomat said.
There's not a doubt in my mind.  And for years after Trump leaves office, too.

But what of this conflict of interest idea?  Is he right?  It doesn't apply to him?
The law at issue is Title 18 Section 208 of the U.S. code. It says federal executive branch employees can’t participate in government matters in which they or their immediate family has a financial interest.

Because of this law, some federal employees put their investments in a blind trust. This allows them to sidestep the regulation and participate in a matter that might otherwise pose a conflict of interest.

But the president and the vice president, despite being executive branch employees, are exempt. According to the law’s definitions, Title 18 Section 208 does not apply to them, nor does it apply to members of Congress or federal judges.

  Politifact
If that's the case, I'm surprised they bowed to pressure over the Ivanka coffee deal. But the bigger issue here is: WTF? Congress, federal judges, the president and vice president are exempt?! They're the most likely to be bribed with the most far-reaching consequences.
It’s been this way since at least 1974, when the Justice Department issued a letter saying Title 18 Section 208 did not apply to the president. Congress expressly codified the exemptions in 1989.
A more despicable mess of self-dealers doesn't exist in time or space.
Then there’s the Constitution’s Emoluments Clause, which bans U.S. government employees from accepting presents or compensation from foreign governments, noted Kathleen Clark, an expert on legal ethics and a law professor at Washington University in St. Louis.
If the president is going to be bribed, it's got to be by an American.
And, interestingly, as President, Trump will have no legal protection from lawsuits that stem from his private life, thanks to a 1997 Supreme Court ruling after President Bill Clinton was sued by Paula Jones in a sexual harassment case.

  Law Newz
That might have to be revisited after he appoints that ninth judge.

...but hey, do what you want...you will anyway.

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