6/14/17  //  Commentary

The last week saw important developments with respect to Donald Trump's ongoing confrontation with the Constitution's Foreign Emoluments Clause.

6/14/17  //  Commentary

Today, Senator Richard Blumenthal, Representative John Conyers, and 194 other members of Congress have gone to federal court seeking to put an end to the President’s willful violations of the Constitution.

6/13/17  //  In-Depth Analysis

An updated quarterly report on instances in which there are credible allegations of President Trump, his family, and his close associates exploiting their public power for private gain.

6/12/17  //  In-Depth Analysis

The most remarkable thing about DOJ’s brief is that its conclusion doesn't follow from its own explanation of the meaning of the term “emolument,” nor, for that matter, from any of DOJ’s analysis. To the contrary, DOJ’s account of the Clause, and of the meaning of the term “emolument,” actually demonstrates that the President is violating the Foreign Emoluments Clause, at least with respect to some of the conduct alleged in the CREW complaint.

6/12/17  //  In-Depth Analysis

The constitutional arguments supporting state standing in this landmark Emoluments Clause case are exceptionally powerful.

6/10/17  //  Quick Reactions

Here’s a brief note on two things that struck me on a quick read of the government’s motion to dismiss in CREW v. Trump, filed yesterday. The first is about Mississippi v. Johnson, which the government cites as limiting the power of courts to grant injunctions against the President. The second is about the government’s more general claim that the only proper relief for an emoluments violation is political rather than judicial.

6/8/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive. Then, Jason talks with Steven Wu, a Deputy Solicitor General in the Office of New York Attorney General Eric Schneiderman, about the case against Trump University, the active role of states in recent years, and other issues in which New York is adverse to the President. Listen now!

6/2/17  //  In-Depth Analysis

George Washington’s effort to keep some of his land dealings quiet at least suggests he understood they were politically, legally, and maybe constitutionally problematic.

5/31/17  //  Commentary

By Jed Shugerman: Trump’s lawyers have argued that the original public meaning of “emolument” was “payment or other benefit received as a consequence of discharging the duties of an office.” But recent research by John Mikhail into Blackstone's Commentaries shows that emoluments are not limited to “office related payments.”

5/25/17  //  Commentary

Trump's widely-touted plan to comply with the Foreign Emoluments Clause has always been inadequate and riddled with tough questions. Now we have answers to some of those questions—and they confirm that Trump's hotel-related violations will persist unabated.

5/12/17  //  In-Depth Analysis

The Comey affair underscores that decisionmakers must look beyond the administration’s “official” documents to determine the administration’s motives.

5/11/17  //  Latest Developments

Yesterday, CREW again amended its complaint alleging that President Trump has violated the Domestic and Foreign Emoluments Clauses of the U.S. Constitution. Notably, CREW added another plaintiff: Eric Goode, the owner of several famous hotels, restaurants, bars and event spaces in New York.

5/3/17  //  In-Depth Analysis

Tracking Corruption and Conflicts of Interest in the Trump Administration

4/27/17  //  Quick Reactions

Professor Jed Shugerman analyzes a Reuters report that state pensions, run by state officers, are investing and paying public money to Trump LLCs

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.