John, it’s Virginia Canter here with CREW. I’m reaching out directly because I have something important to share:

Donald Trump will violate the Foreign and Domestic Emoluments Clauses of the Constitution when he takes office as president if he fails to divest from his businesses.

I’ll break down the Emoluments Clauses and just how Trump will violate them below, but I have an important request first:

Let’s start at the very beginning:

The Emoluments Clause of Article I, Section 9 of the U.S. Constitution, also called the Foreign Emoluments clause, prohibits federal officeholders from receiving any gift, payment or other thing of value from a foreign state or its rulers, officers or representatives. The Domestic Emoluments Clause prevents the president from receiving the same things from individual states.

The Founding Fathers wanted to ensure that the country’s leaders wouldn’t be improperly influenced, even unconsciously, through gift giving and profit taking—especially from foreign leaders.

So, how did Trump violate the Emoluments Clause?

CREW identified 12 foreign governments that made payments to Trump properties during his first two years in office and at least three foreign countries held events at Trump properties during his second year in office.

Trump received millions from foreign governments during his first term of office, including a minimum of $5.5 million from the Chinese government alone. Trump never received Congress’s consent to accept the millions of dollars of foreign emoluments he received through payments to his businesses, and did not divest from his businesses to prevent his receipt of domestic emoluments.

When Trump took the oath of office, he swore to “preserve, protect and defend the Constitution of the United States,” but by continuing to accept payments from foreign governments, he was in direct violation of the Constitution.

And John, in a second term, the scale of Trump’s abuse of these anti-corruption laws is likely to increase.

Let me explain why:

Trump’s businesses are poised to receive millions of dollars in constitutionally prohibited payments during a second term.

For example, Trump is the majority stakeholder of the publicly traded Trump Media & Technology Group, the parent company of social media platform Truth Social. Any substantial purchase of that stock by foreign or domestic governments while Trump holds a significant number of shares would raise emoluments concerns.

CREW’s research of the public record also indicates that five foreign governments are expected to pay Trump’s business a total of nearly $2 million in monthly fees for units in New York’s Trump World Tower during a second term.

The Saudi-funded LIV Golf league has hosted six events at Trump clubs since Trump left office. LIV Golf may continue to pay Trump businesses to host golf tournaments during a second term.

Also, since 2021, the Trump Organization has signed three new agreements with an international developer for Trump-branded developments in Oman, Saudi Arabia and the United Arab Emirates. These projects may receive significant benefits from these governments during a second Trump presidential term.

John, unless he divests from his businesses Donald Trump will be violating the Emoluments Clauses in his second term. Based on his conduct the first time around, I am not holding my breath for him to divest.

I think it’s safe to say that America’s founders would have been astounded by the scale of Donald Trump’s corruption and his disdain for the constitutional provisions they put in place to protect our democracy.

We're still regrouping from the election last week and putting our plans together, but it is safe to say that we will not let Trump get away with violating the law without accountability.

Thank you,

Virginia Canter
Chief Ethics Counsel
CREW