Appearing on “The Arena,” the CNN legal analyst added that while the Constitution’s “rarely invoked emoluments clause” prohibits a federal official from accepting a gift from a foreign government, he noted an exception.The reason the emoluments clause is in Art. I is because it is up to Congress to decide. Were Congress doing its job, there would be hearings into Trump’s crypto coins. But the U.S. Air Force is responsible for AFOne, and Trump can’t just say: “I want it, I want it!”, and get the Air Force to take it. Just like Trump can’t just live and work at MAL, rather than the high security fortress that is the White House. When he was elected in ‘16, Trump disparaged the White House and insisted he’d stay in Trump Tower. That inspired a lot of thumb-sucking and harumph grumping about the logistics of the Presidential motorcade blocking Manhattan traffic on the regular; and gutting out Trump Tower to provide the security and communications and offices already in the White House.
“Congress actually can vote to allow it,” he told host Kasie Hunt. “And so I think that may be why you’re seeing some unease from members of Congress, because now it's fair game for you, Kasie, or anyone else to ask these members, ‘Hey, if this comes up, are you going to vote yes or no on allowing the president to take this plane from Qatar?'"
“'I didn't see the tweet' is not really going to work in this scenario
And somebody finally explained to little Donnie that he didn’t have the choice.
Nor can he fly in any plane he chooses, including the one he owns. So he can’t tell the Air Force to take the jet, and just repaint it (he tried that once, too, Until the AF explained it would cost too much and make the plane an easier target in flight) and just let him have a flying palace he can keep when he leaves office.
None of that is going to happen because of the emoluments clause and national security laws (what, you think they slap together what AFOne needs based on who’s in charge of AFOne procurement at the time?), and volumes of regulations (government runs on rules and regulations, whether Donnie likes it or not), and lots of people who really do care about national security (which is why Donnie conducts presidential business and lives in D.C, not MAL year-round).
All this talk about the Qatar jet is all just bafflegab and lip-flapping. Trump can no more accept that jet on behalf the government than a 7 year old can buy a car.* Even if Congress shirks its constitutional duties, it would still have to approve a few billion to get the jet ready for the job (you know the Air Force is not going to take that money out of their budget). Money the next Congress would probably revoke (as soon as ‘27). Which change in membership would be hastened by the vote to pay for it; and by hoping no one noticed they never voted to accept it in the first place.
Really, is the news this slow this week?
(*Don’t come at me with silly scenarios about 7 year olds with trust funds. Minors can’t own property. Period. It can be held in their name by a designated adult, but that’s it. Even the stuff Mommy and Daddy give them, belong to Mommy and Daddy.)
Funny thing is, Congress has kinda pre-consented to accepting the gift on behalf of the United States, if he were to really to take it, but of course that means it become property of the People. It's in statute, and the disposal process is spelled out by Federal regs. Which it's why it's extra amusing when people compare it to Obama's gifts. Dude didn't keep the stuff, most of it is held by NARA (they have a whole Gifts of State collection!).
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