Five Things You Didn’t Know About the Emoluments Clause
4. It might not even apply to the president.
Even though the DOJ letter regarding Obama’s acceptance of the Nobel Peace Prize said the president “surely” holds an “office of profit or trust” under the United States, not all constitutional scholars agree.
University of Chicago Law School constitutional law professor
William Baudeexplains in
The Journal of Things We Like (Lots) that “office” and “officer” may not have a static meaning in the Constitution. He points to the emoluments clause as an example.
“President George Washington publicly received gifts from French officials (the key to the French Bastille and a portrait of Louis XVI) without asking Congress’s permission,” Baude wrote. “This suggests that he was not subject to the Foreign Emoluments Clause, which applies to a ‘Person holding any Office of Profit or Trust under [the United States].’ ”
He also notes that “in 1792, Treasury Secretary Alexander Hamilton was instructed to report to the Senate ‘every’ person holding ‘office … under the United States’ and their salaries. His ninety-page list included every appointed officer, including those in the legislature, such as the Clerk of the House, but excluded elected officials such as the President, Vice President, and members of Congress.”
“This suggests that some definitions of office will turn on whether one is elected rather than which branch one is in,” Baude wrote.
Five Things You Didn’t Know About the Emoluments Clause
That said, Mueller's crooks could easily obtain all customer credit card charges that were processed through the hotel.
