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bitterross

(4,066 posts)
33. Actually, probably not. Think like an Attorney for a minute
Sat Jun 10, 2017, 11:27 AM
Jun 2017

While I disagree with what would be the outcome I'd say they have a good chance with the argument. Two reasons.

First, the founders were probably thinking of DIRECT payments and gifts to a specific person. Trump would have to accept money directly into his personal accounts or have the Saudis deliver a new Maybach to the White House with a bow and a tag that says "To: Donald" on it for him to violate the clause as it was probably originally intended.

I'm not a Constitutional scholar but I don't think I'm too far off on the logic above.

Second reason and one I'm shakier on. This thinking toes nicely with the same thinking in decisions like Citizens United. The corporation that 45 and his family own that is receiving the money is a separate legal entity than the persons (entities) in government. That entity has not been elected to government and therefore, cannot violate the clause no matter how much money it receives. 45 and his family still have the possibility of losing money on the whole from the entity. There is no guarantee they will benefit from that entity receiving foreign money.

This is hardly different from the campaign contributions to political campaigns and PACs that corporations make that curry favor despite all of our courts ignoring this obvious fact.

WOW - they are nuts rurallib Jun 2017 #1
"lawyers from the DOJ" Roy Rolling Jun 2017 #30
Actually, probably not. Think like an Attorney for a minute bitterross Jun 2017 #33
thank you rurallib Jun 2017 #35
Well, thinking like a lawyer, TomSlick Jun 2017 #38
I don't disagree with your​ assertions/premise. bitterross Jun 2017 #39
Unquestionably correct. TomSlick Jun 2017 #46
I don't think so, based on two prongs. Yo_Mama Jun 2017 #47
Coming soon: Don, Melania, Jared, & Ivanka infomercials Freethinker65 Jun 2017 #2
And what is the "fair market value" for a club fee that doubled after he was elected? (nt) thesquanderer Jun 2017 #3
...and the membership fee that doubled to $200K! Qutzupalotl Jun 2017 #18
The DOJ brief totally ignores those glaring facts. SunSeeker Jun 2017 #22
And an author doesn't get to know the names of who buys his books muriel_volestrangler Jun 2017 #25
Fair enough Roy Rolling Jun 2017 #31
Or Trump charging the taxpayers $35,000 for renting his golfcarts to himself stuffmatters Jun 2017 #43
F'ckng crooked country. CentralMass Jun 2017 #4
Our banana republic certification is in the mail! swag Jun 2017 #5
No. I ain't goin for this shit. Just not. No. NYET goddamit. end of message Leghorn21 Jun 2017 #6
Did they say anything about bucolic_frolic Jun 2017 #7
Or Trump selling green cards as real estate investments. He did it before Jared bigtime. stuffmatters Jun 2017 #44
OMG. One corrupt thing after another. nt Honeycombe8 Jun 2017 #8
The situation is without precedent so some law is gonna get made. Shrike47 Jun 2017 #9
Or as Trump would say: "unpresidented". keithbvadu2 Jun 2017 #10
Makes sense - the law applies to everyone except Trump. procon Jun 2017 #11
Originalism? Never heard of it. NT mahatmakanejeeves Jun 2017 #12
That's some Newt Gingrich thinking right there ProudLib72 Jun 2017 #13
Sure enough dalton99a Jun 2017 #14
keep on bringing him to the courts. This is how the shady deals of his 'charities', foundations, Sunlei Jun 2017 #15
Has anyone found a link to the DoJ brief? TomSlick Jun 2017 #16
Here's the feds' Motion to Dismiss. SunSeeker Jun 2017 #20
Otherwise known as a Silkwood Shower Hestia Jun 2017 #37
LOL Exactly. SunSeeker Jun 2017 #41
It's a very pretty brief but TomSlick Jun 2017 #48
Also, see my Reply 22 up the thread. SunSeeker Jun 2017 #23
as crooked as it gets now folks. just wow. TeamPooka Jun 2017 #17
Who else claimed that if the president does it, that means it isn't illegal? FuzzyRabbit Jun 2017 #19
Well, there's no chance they could disguise bribes as "fair-market commercial transactions", so OK ! eppur_se_muova Jun 2017 #21
OK, Original Intent guys, where does it say bucolic_frolic Jun 2017 #24
Is this mercuryblues Jun 2017 #26
LOL! And in the small print it says, "As long as he shares his booty with his DOJ appointees." Squinch Jun 2017 #27
So now the DOJ argues that the Constitution is an unenforceable Progressive dog Jun 2017 #28
Exactly stuffmatters Jun 2017 #45
Isn't that special. C_U_L8R Jun 2017 #29
Okay then, let's make this Article II of the impeachment, right behind treason. sinkingfeeling Jun 2017 #32
Trump's assets were SUPPOSED to go into a BLIND TRUST !! vkkv Jun 2017 #34
Well, that's it then. It is now legal to take bribes, hush money louis-t Jun 2017 #36
The Day the Music Died jpak Jun 2017 #40
And to use his hotels as cash cow question everything Jun 2017 #42
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