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In reply to the discussion: DOJ: Trump can accept payments from foreign governments [View all]bitterross
(4,066 posts)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.