If you are young, you might not know what “double plus ungood” means. It’s Newspeak, from the novel Nineteen Eighty-Four. It means terrible; very bad. I first read Orwell’s novel when I was in my early teens (I think, it’s all a bit fuzzy these days), and by the time the actual 1984 rolled around, I was 26 years old, and everyone was having fun with jokes about Big Brother and all the rest. Magazine covers all did plays on the novel. People were still optimistic then, and relieved, I think, that Orwell’s novel hadn’t come true. It hadn’t come true in 1984, but it rather looks like we’re heading that way in 2016. Today, I’m 59 years old, and the gift I’d like the most is to have that optimism back.
Friday evening, the Washington Post reported that about 100 foreign diplomats gathered at President-elect Donald Trump’s hotel in Washington, DC to “to sip Trump-branded champagne, dine on sliders and hear a sales pitch about the U.S. president-elect’s newest hotel.” The tour included a look at the hotel’s $20,000 a night “town house” suite. The Post also quoted some of the diplomats saying they intended to stay at the hotel in order to ingratiate themselves to the incoming president.
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The incoming president, in other words, is actively soliciting business from agents of foreign governments. Many of these agents, in turn, said that they will accept the president-elect’s offer to do business because they want to win favor with the new leader of the United States.
In an exclusive exchange with ThinkProgress, Richard Painter, a University of Minnesota law professor who previously served as chief ethics counsel to President George W. Bush, says that Trump’s efforts to do business with these diplomats is at odds with a provision of the Constitution intended to prevent foreign states from effectively buying influence with federal officials.
The Constitution’s “Emoluments Clause,” provides that “no person holding any office of profit or trust under” the United States “shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”
The diplomats’ efforts in seek Trump’s favor by staying in his hotel “looks like a gift,” Painter told ThinkProgress in an email, and thus is the very kind of favor the Constitution seeks to prevent.
Emolument. There’s a new one for the vocabulary.
…Assuming that Trump does not divest from his hotel, however, it may prove difficult to enforce the Constitution against him. There are few court cases dealing with the Emoluments Clause. Typically, the country has relied on internal safeguards within the executive branch and fear of political embarrassment to prevent violations by the president. […] There is, however, at least one remedy under the Constitution for such a violation of the public trust by the president: impeachment.
I think we can rule out any fear of political embarrassment on the part of Trump or his appointees. They don’t seem to be capable of such a sense. The possibility of impeachment might get through to one of them, but whether or not it gets through to Trump is a different story, as right now it appears as though he doesn’t understand the slightest thing about politics or government. As I noted in a previous post, It’s becoming increasingly clear that Trump does not plan to work as a president, or to treat the presidency as an actual political office. The full story is at Think Progress, well worth reading. Also see: Government watchdogs demand Trump put business holdings in ‘blind trust’.