*Disclosure: The author is the Legal Director for Free Speech For People. On Jan. 20, 2017, Free Speech for People jointly launched with RootsAction the national impeachment campaign at ImpeachDonaldTrumpNow.org.
by Ron Fein, Legal Director, Free Speech for People
Recently, President Trump’s ongoing violation of the Foreign Emoluments Clause has received significant attention. There is no need to repeat here the case-in-chief that President Trump is in violation of the Foreign Emoluments Clause. That argument has been made in careful detail in a December 2016 Brookings Institution white paper by Norman Eisen, Richard Painter and Laurence Tribe, amplified by a January 2017 essay by Joshua Matz and Laurence Tribe posted on the ACS web site, as well as in the federal court litigation by the nonprofit organization Citizens for Responsibility and Ethics in Washington.
Let us take as given that President Trump has violated, and continues to violate, the Foreign Emoluments Clause. (We can reserve for another time the Domestic Emoluments Clause, as well as any potential violations arising from the executive order on immigration and possible defiance of federal court orders.) The present question is: is this an impeachable offense? The answer is clearly yes.