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Ben Ray Lujan on Principles & Values |
Excerpts from Letter from 17 Senators to Trump Organization: The Trump Organization's continuing financial relationship with President Trump raises concerns about whether it is a pass-through for income that violates the Constitution's two Emoluments Clauses: Article I, Section 9, Clause 8 on foreign Emoluments; and Article II, Clause 7 on domestic Emoluments. Please answer the following questions to help Congress understand:
Legal Analysis: (Cato Institute, "Emoluments Clause vs. Trump Empire," 11/29/16): The wording of the Emoluments clause points one way to resolution: Congress can give consent, as it did in the early years of the Republic to presents received by Ben Franklin. It can decide what it is willing to live with in the way of Trump conflicts. If it misjudges public opinion, it will pay a political price at the next election.
FOIA argument: (ACLU Center for Democracy, "FOIA Request," 1/19/17): We filed our first Freedom of Information Act request of the Trump Era, seeking documents relating President Trump's conflicts of interest relating to his business connections. When Trump took the oath of office, he didn't take the steps necessary to ensure that he and his family's business interests comply with the Constitution. Some have even argued that upon taking the oath of office, the new president is already violating the Emoluments Clause.
Explanation of 1/6/21 Electoral Certification, by Emily Brooks, Washington Examiner:Sen. Ted Cruz and Rep. Paul Gosar led an objection to counting Electoral College votes from the state of Arizona, the first formal objection to state results in a series of moves that will delay the certification of Joe Biden as the winner of the 2020 presidential election over President Trump. Cruz is advocating for an `emergency 10-day audit` of election returns in disputed states. The usually ceremonial joint session of Congress that convenes to count and accept Electoral College votes will be put on hold as the House and Senate separately debate the objection.
Bill summary:The select committee must (1) conduct an investigation of the relevant facts and circumstances relating to the attack on the Capitol; (2) identify, review, and evaluate the causes of and the lessons learned from this attack; and (3) submit a report containing findings, conclusions, and recommendations to prevent future acts of violence, domestic terrorism, and domestic violent extremism, and to improve the security of the U.S. Capitol Complex and other American democratic institutions.
CBS News summary, by Grace Segers on June 30, 2021:H.R. 3233 would have created a bipartisan, independent commission to investigate the root causes of the breach of the U.S. Capitol, modeled after the 9/11 Commission.
On May 28, the House passed the bill by a vote of 222 to 190, including 35 Republican votes. It then failed in the Senate, where it received an insufficient number of Republican votes to advance.
In response, House Speaker Nancy Pelosi announced on June 24 that the House would establish a select committee [appointed by House Democrats, instead of a bipartisan independent commission] to investigate the Jan. 6 insurrection and general security issues related to the incident. Pelosi said its leadership and members would be announced later. The House passed the resolution to form the committee on June 29, 2021, by a vote of 222-190.
OnTheIssues note: The Senate voting record refers to the earlier rejected bill H.R. 3233, and the House voting record refers to the later bill H.Res.503. The later bill had no Senate vote (but the two House votes were almost identical).