The Inspector General of the General Services Administration says the GSA did not consider the U.S. Constitution when it decided to allow President Donald Trump to continue his lease of a federal building known as The Old Post Office, which now houses his infamous Trump International Hotel in Washington, D.C.
“GSA’s decision-making process related to Tenant’s possible breach of the lease included serious shortcomings,” the GSA’s Inspector General stated in a report released Wednesday. “GSA had an obligation to uphold and enforce the Constitution. However, GSA opted not to seek any guidance from OLC [the Office of Legal Counsel] and did not address the constitutional issues related to the management of the lease.”
At issue is the Emoluments Clause of the Constitution, which specifically prohibits the President of the United States from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”
An “emolument” is defined as a salary, fee, or some form of payment or profit.
While the language is archaic and subject to legal interpretation, likely by the U.S. Supreme Court at some point, the specific concern is foreign governments have been sending vast sums at Trump’s D.C. hotel. Due to the set up of Trump’s businesses, that money goes almost directly to President Trump and his family members.
The Inspector General’s report did not state if Trump will have to give up his lease. That will be decided by the courts, if the Trump administration’s DOJ doesn’t successfully block lawsuits.
“The attorneys general of the District of Columbia and Maryland have sued, claiming that Trump is in violation of the Constitution’s ban on emoluments, or payments, from foreign or domestic government entities to the President because of his continued interest in the hotel,” CNN reports. “The Justice Department has moved to halt the case from proceeding.”
Image by Mark Dixon via Flickr and a CC license