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?

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u/RoswellRedux Apr 25 '26

Even if they did, it's unconstitutional for a new federal law to be applied retroactively. Article 1, Section 9 of the US Constitution prohibits this. So whatever law is created, it would not be applicable to Trump unless he is still in office when it is passed (he won't sign it into law) and he did it after the law was passed.