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2019-10-21 20:27:07

President Donald Trump speaks during a cabinet meeting at the White House in Washington, U.S., October 21, 2019.Leah Millis/Reuters

President Donald Trump on Monday said the foreign emoluments clause is phony, but it's enshrined in the US Constitution.The foreign emoluments clause bars public officials from receiving gifts or cash from foreign or state governments without congressional approval.Several lawsuits against Trump accuse him of violating the Constitution in this regard by profiting from the presidency.The subject has come up again in relation to Trump's ultimately canceled move to hold the next G7 at his Trump National Doral Miami resort.Visit Business Insider's homepage for more stories.

President Donald Trump on Monday misleadingly suggested the foreign emoluments clause is phony as he continues to face criticism over his ultimately canceled move to hold the next G7 summit at one of his properties.

You people with this phony Emoluments Clause, Trump said to reporters.

The foreign emoluments clause is not phony, however, and is enshrined in the US Constitution — Article I, Section 9, Paragraph 8. 

The provision bars public officials from receiving gifts or cash from foreign or state governments without congressional approval.

The foreign emoluments clause states: [N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

There is also a domestic emoluments clause that prohibits the president from receiving money from the US government other than his or her annual salary. 

The domestic emoluments clause states: The President shall, at stated Times, receive for his Services, a Compensation which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Taken together, the emoluments clauses essentially prohibit the president from profiting off of their office via foreign or domestic governments. 

Read more: Trump made $40.8 million last year from a hotel that critics say he's using to illegally profit from the presidency

This topic has repeatedly come up in relation to Trump's refusal to divest from his business empire. Trump broke from past presidents by maintaining ownership of his businesses and not placing his assets in a blind trust, which critics say has presented a conflict of interest. 

Several lawsuits against Trump have accused him of violating the Constitution — zeroing in on the emoluments clause — by profiting from the presidency. 

Trump faced further criticism in this regard last week after it was announced he would host the next G7 summit at his Trump National Doral Miami resort. The announcement sparked bipartisan outry and Trump dropped the plan within roughly 48 hours. Trump blamed Democrats and the media for his reversal, but reports suggest it was due to anger from congressional Republicans.


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