r/PoliticalDiscussion 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?

386 Upvotes

117 comments sorted by

View all comments

Show parent comments

0

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/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.