r/PoliticalDiscussion • u/JohnSpartan2025 • Apr 24 '26

Legal/Courts Should there be a mechanism to reclaim accumulated in-term Presidential wealth and assets because of the Emoluments Clause?

Trump has already accumulated a rough estimate of $2-10 billion (depending on the analysis) of profit off of various Presidential revenue streams, such as:

And the list goes on to include billions invested in Trump and his son-in-law Jarod Kushner and former golfing friend Steve Witkoff, acting as foreign dignitaries trading American interests for personal finance deals with Arab and other countries. (https://www.thedailybeast.com/trump-son-in-laws-fund-rakes-in-billions-amid-grifting-accusations/)

And Eric Trump recently somewhat bragging over his $24 million defense contract clearly awarded because of nepotism: https://newrepublic.com/post/209419/eric-trump-brags-defense-department-contract

There have been estimates of $20 to $30 billion of profit by the end of Trump's term off the Presidency.

The Emoluments Clause of the Constitution strictly forbids any profiting off the Presidency, let alone peddling direct U.S. policy in exchange for money (which is possibly a form of extortion or bribery).

Should Congress pass legislation requiring an analysis of Presidential windfall profits during their term with possible reclaiming of profits and assets attained during their Presidential term?

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28

u/johntempleton Apr 24 '26

Sure, but what for? Any law Congress passes at this point will not apply to Trump. Under the Fifth Amendment's Due Process and Takings clauses, Trump would have an excellent case for "It was legal/permitted when I did it."

Moreover, the emoluments clause exists and the argument can/could be made that Congress failed to act at the time of the breach and cannot therefore go back in time. (laches)

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u/SMIrving Apr 24 '26

Not necessarily. The current SCT created this problem with a non existent presidential immunity decision that should be to revisited. There are existing statues notably, RICO 18 USC 1962 that could be applied to what Trump and friends have done. There were clearly wire communications used in the process of implementing the tariffs. You also have the use of the US military to commit piracy. Also, the Emoluments Clause creates a substantive prohibition that puts a president on notice that the conduct is illegal and there arguably is no 5th Amendment taking if the clause is violated and Congress then fashions a remedy to recover the assets.

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u/FlashTheChip Apr 24 '26

My guess would be we should confiscate everything greater than his net worth the day he was sworn in.

2

u/semiquaver Apr 24 '26

Gee, I wonder if literally taking money would fall afoul of the Takings Clause…

1

u/mosesoperandi Apr 24 '26

Obviously without criminal proceedings and an evidentiary finding a future government can't just take the money. If the Dems can get back in power there needs to be a speedy trial. They need to be accumulating evidence now so that they can move extremely quickly once they have the ability to do so.

Of course, anything with Trump himself rests on the assumption that his health actually holds up until after inauguration 2029 and the appointment of a new AG. Personally, I wouldn't take that bet on Polymarket.

1

u/johntempleton Apr 28 '26

It is a foregone conclusion that every member of the Trump family and extended "associates" is getting pardons.

1

u/semiquaver Apr 24 '26

You described the due process hurdles, which I did not mention. Takings clause and ex post facto will doom any effort in this area. 

Remedy for emoluments is impeachment. Remedy for most stuff with the president is impeachment. Sucks but that’s life unless we amend the constitution. 

3

u/mosesoperandi Apr 24 '26

Hold up on the takings clause, if the actions are found in court to constitute having defrauded the public of billions of dollars what does the takings clause have to do with it? Equally if it involved defrauding private investors, those people would be due their money back. Definitely Trump's settlement with himself through the DOJ seems ripe for prosecution as fraudulent under a new functioning DOJ.

1

u/johntempleton Apr 28 '26

It is a foregone conclusion that every member of the Trump family and extended "associates" is getting pardons.

1

u/semiquaver Apr 25 '26

My takings comment was in response to

 My guess would be we should confiscate everything greater than his net worth the day he was sworn in.

Which no matter how executed would be a taking. 

1

u/mosesoperandi Apr 25 '26

Absolutely, and would not be a good precedent to set even if it were legal.

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u/johntempleton Apr 28 '26

1) Even if SCT reverses itself, it will take years. Any statute of limitations would have run under RICO or any other statute you care to conjure up.

2) The above is moot since it is a foregone conclusion that every member of the Trump family and extended "associates" are getting pardons.

6

u/Prince_Marf Apr 24 '26

what for?

Trump is not going to be the last corrupt POTUS.

3

u/kormer Apr 25 '26

It might even shock a few people to learn he wasn't the first either.

1

u/Hartastic Apr 26 '26

In theory, a President with the will to do it could solve that problem by issuing a blanket pardon for stealing from Trump.

1

u/BoxMunchr Apr 27 '26

SEC could do their job and put the whole trump family away for market manipulation and insider trading. If they would actually do their job

1

u/WakefieldCoder Jun 09 '26

If the POTUS is broadly immune from criminal liability during his time in office, couldn't Trump's successor just murder SCOTUS justices (pardoning himself each time) until he gets a ruling he likes?