Chief Ethics Counsels Richard Painter and Norman Eisen, who provided counsel for both former President George W. Bush and sitting President Barack Obama, recently announced that it is in the best interest of President-elect Donald J. Trump, to sell his companies in order to avoid a messy and potentially illegal conflict of interest. Referring to Article 1, Section 9 of the Constitution, Eisen explains, “the founders did not want any foreign payments to the president. Period.”
Both Painter and Eisen suggest that members of the Electoral College should reject Trump if he fails to do so by the time the electors meet on the 19th of December. Failure to renounce ownership of his businesses would not only directly violate his oath of exclusive fealty but would also count as one of the many possible high crimes and misdemeanors that could be used to remove him from office.
As long as Trump’s businesses receive foreign payments while he retains ownership, he will be in direct violation of this clause.