Conflicts of Interest

According to President Trump, “The President can’t have a conflict of interest.” That is incorrect.

CREW’s New and Improved Legal Complaint Against Trump

4/24/17  //  Commentary

Matthew Stephenson (Harvard Law School) analyzes CREW's emoluments clause lawsuit against President Trump, discussing the recent addition of two plaintiffs and the likely course ahead.

Take Care

Announcing Our New Podcast: "Versus Trump"

4/20/17  //  Latest Developments

Take Care is pleased to announce the release of "Versus Trump," a new, affiliated podcast about the ways that the Trump Administration is breaking the law—and what people are doing about it.

Take Care

There’s Unquestionably Standing in the CREW Case. Here’s Why.

4/19/17  //  In-Depth Analysis

The additional plaintiffs in the CREW case unquestionably have standing.

Jonathan Taylor

Gupta Wessler PLLC

Competitor Plaintiffs in Emoluments Clause Case Bolster Standing

4/19/17  //  Commentary

CREW has amended its complaint in the widely-watched emoluments case. The addition of two new plaintiffs should make the lawsuit bulletproof on standing grounds.

Michael C. Dorf

Cornell Law School

Will Trump’s Lawyers Rewrite and Invert the Emoluments Clause?

4/18/17  //  In-Depth Analysis

NYT has leaked one of DOJ's theories in the emoluments clause case: that this is a "political question." Any such argument, however, would be exceptionally weak as a matter of text, precedent, and purpose, and would completely invert the basic operation of the Foreign Emoluments Clause.

Joshua Matz

Publisher

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

The Government Accountability Office opened an investigation into conflicts of interests during President Trump's transition.

DeVos Gives Accountability the Boot

4/14/17  //  Commentary

Education Secretary Betsy DeDos has jettisoned memos that hold student loan services accountable for past performance. That hurts everyone except her buddies in the loan servicing industry.

Danielle D'Onfro

Washington University Law School

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump has pledged to donate his first quarter salary to the National Park Service. States are considering regulating access to ballots based on financial disclosure.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump pledged to donate his first quarter salary to the National Park Service. Questions have arisen over whether states can regulate access to ballots based on financial disclosure.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump's financial disclosure forms have garnered a lot of criticism. Jared Kushner's role in the White House and his relationship with Chinese officials has also been the subject of scrutiny.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

President Trump's personal and family business connections continue to raise the specter of unconstitutional corruption.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

As Ivanka Trump expands her role in the White House, Senators call to ensure she complies with all ethics laws. President Trump's nominee to lead the FDA has reported receiving millions of dollars from large drug makers in recent years.

GSA, Trump International Hotel, and the Constitution

3/24/17  //  Quick Reactions

Yesterday, the General Services Agency surprised experts by declaring that the Trump Hotel in D.C. is not in violation of its lease. But the GSA's decision itself might well violate the Domestic Emoluments Clause.

Brianne J. Gorod

Constitutional Accountability Center

States Can Require Financial Disclosure by Presidential Candidates to Safeguard Electoral Transparency

4/6/17  //  In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

Danielle Lang

The Campaign Legal Center

See You In Court 2.0

3/16/17  //  In-Depth Analysis

Last night, a federal judge in Hawaii blocked Trump's revised entry ban. Here is a detailed analysis of its decision and an assessment of what likely will happen next in that litigation.

Leah Litman

U.C. Irvine School of Law

Presidential Bad Faith

3/16/17  //  Commentary

If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."

Laurence H. Tribe

Harvard Law School

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

While Judge Neil Gorsuch did not reveal his views on President Trump and the Emoluments Clause this week, we saw analysis both of President Trump's domestic emoluments and of former National Security Advisor Michael Flynn and the Foreign Emoluments Clause.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

The Government Services Agency sided with Trump Hotel in Washington, D.C. on allegations that it was in violation of its lease. Meanwhile, President Trump's nominees and advisors face conflicts criticism of their own.