--- title: Why We're Calling for Congress to Impeach Donald Trump description: The President's business ties to foreign nations conflicts with the Constitution canonical: https://time.com/4658633/impeach-donald-trump-congress/ author: TIME article:opinion: true article:content_tier: free article:published_time: 2017-02-06T19:22:07.000Z article:modified_time: 2026-08-04T07:44:46.231Z article:section: Ideas og:title: Legal Scholars: Why Congress Should Impeach Donald Trump og:description: The President's business ties to foreign nations conflict with the Constitution og:url: https://time.com/4658633/impeach-donald-trump-congress/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt5a4c2de87ea8897f/6988b8aa097b908b769b8c30/congress-impeach-donald-trump-emoluments-clause-conflicts-interest-china.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 4500 og:image:height: 2531 og:image:alt: Donald Trump og:type: article twitter:card: summary_large_image twitter:title: Legal Scholars: Why Congress Should Impeach Donald Trump twitter:description: The President's business ties to foreign nations conflict with the Constitution twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt5a4c2de87ea8897f/6988b8aa097b908b769b8c30/congress-impeach-donald-trump-emoluments-clause-conflicts-interest-china.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Legal Scholars: Why Congress Should Impeach Donald Trump > Sponsored content. 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It explains how TIME's journalism is made, from the first pitch through the editorial decisions behind a finished story or cover. #### How can I read about how TIME chooses its covers? Inside TIME is the newsletter where TIME's Editor-in-Chief explains cover selection and the editorial reasoning behind major stories. It is free at time.com/newsletters. #### Who is the editor of TIME? Sam Jacobs is TIME's Editor-in-Chief. He writes Inside TIME, a twice-weekly newsletter about the newsroom's reporting and editorial decisions. #### Is Inside TIME free? Yes. Inside TIME is a free newsletter, available at time.com/newsletters. A paid TIME subscription is separate and available at time.com/subscribe-agent. ## Video: Donald Trump Runs for President: A Look Back [Watch (HLS stream): Donald Trump Runs for President: A Look Back](https://cdn.jwplayer.com/manifests/dgn8DCbB.m3u8) (7:19)  _Published 2016-10-31. In one of the most shocking U.S. elections in modern political history, Donald Trump has defeated Hillary Clinton._ by [James C. Nelson](https://time.com/author/james-c-nelson/) and [John Bonifaz](https://time.com/author/john-bonifaz/) Feb 6, 2017 7:22 PM UTC  President Donald Trump speaks at the beginning of a meeting with lawmakers in the Roosevelt Room of the White House Feb. 2, 2017 in Washington, D.C. President Donald Trump speaks at the beginning of a meeting with lawmakers in the Roosevelt Room of the White House Feb. 2, 2017 in Washington, D.C. Brendan Smialowski—AFP/Getty Images by [James C. Nelson](https://time.com/author/james-c-nelson/) and [John Bonifaz](https://time.com/author/john-bonifaz/) Feb 6, 2017 7:22 PM UTC It has been widely [acknowledged](https://www.theatlantic.com/politics/archive/2017/01/trumps-ethics-train-wreck/513446/) that, upon swearing the Oath of Office, [President Donald Trump](http://time.com/time-person-of-the-year-2016-donald-trump/) would be in direct [violation](http://time.com/4631551/donald-trump-press-conference-russia-ethics-transcript/) of the [foreign-emoluments clause](http://time.com/money/4643259/donald-trump-lawsuit-emoluments-money-foreign-governments/) of the U.S. Constitution. Never heard of the foreign-emoluments clause? You’re not alone. It’s tucked away in Article I, Section 9, of the Constitution. It’s clause number 8\. It states, in pertinent part: “… no person holding any Office of Profit or Trust under \[the United States\], shall, without the Consent of the Congress, accept of any present, Emolument, Office or Title of any kind whatever, from any King, Prince or foreign State.” This clause was included in the Articles of Confederation and, later, in the Constitution itself. It was borne out of the Framers’ obsession with preventing in the newly minted United States the sort of corruption that dominated 17th and 18th century foreign politics and governments — characterized by gift-giving, back-scratching, foreign interference in other countries and transactions that might not lead to corruption but, nonetheless, could give the appearance of impropriety. Where Trump runs afoul of the foreign-emoluments clause is that, first and foremost, he is a businessman with significant financial interests and governmental entanglements all over the globe. Indeed, as Norman Eisen, Richard Painter and Laurence Tribe stated at the Brookings Institution, “Never in American history has a \[President\] presented more [conflict of interest](https://www.brookings.edu/research/the-emoluments-clause-its-text-meaning-and-application-to-donald-j-trump/) questions and foreign entanglements than Donald Trump.” Moreover, Trump’s businesses dealings are veiled in complicated corporate technicalities and lack transparency. The [Trump Organization](http://time.com/4629308/donald-trump-business-deals-world-map/) does or has done business in Argentina, Azerbaijan, Bermuda, Brazil, Canada, China, Egypt, Georgia, India, Indonesia, Ireland, Israel, Panama, Philippines, Qatar, Russia, Saudi Arabia, South Korea, St. Martin, St. Vincent, Turkey, United Arab Emirates, United Kingdom and Uruguay. And, while serving as President, Trump, through his interest in the Trump Organization, will continue to receive monetary and other benefits from these foreign powers and their agents. Examples of existing business arrangements that constitute violations of the foreign-emoluments clause include: China’s state-owned Industrial and Commercial Bank of China is the [largest tenant in Trump Tower](https://www.bloomberg.com/politics/articles/2016-11-28/trump-s-chinese-bank-tenant-may-negotiate-lease-during-his-term), and the state-owned Bank of China is a [major lender](https://www.nytimes.com/2016/08/21/us/politics/donald-trump-debt.html?%5Fr=0) to Trump. Trump’s business partner in Trump Tower Century City in Manila, Philippines is Century Properties, which is run by [Jose Antonio](https://www.nytimes.com/2016/11/10/world/asia/donald-trump-philippines-jose-antonio.html), who was just named special envoy to the United States by the president of the Philippines. Further, many Trump Organization projects abroad require foreign government permits and approvals, which amount to substantial financial benefits that also constitute foreign emoluments. Presidents and public officers often utilize blind trusts so as not to violate the foreign-emoluments clause. A truly blind trust involves an arrangement wherein the public officer has no control whatsoever over the assets placed in the trust — that means no communications with, from or about the trust, and no knowledge of the specific assets held for his benefit in the trust. In the case of Trump’s ownership in the Trump Organization, this could be achieved only by a complete liquidation of the assets, with the proceeds to be invested by an independent Trustee, without Trump’s involvement or knowledge. Trump’s decision to continue the business of the Trump Organization, continue to maintain his substantial ownership of the organization and turn the management of it over to his children, is woefully inadequate in addressing the [emoluments clause](http://www.politico.com/magazine/story/2016/12/donald-trump-corruptible-214541). Worse, taking the position that the foreign-emoluments clause doesn’t even apply to him, Trump has stated that: “I can be President of the United States and run my business 100 percent, sign checks on my business.” And: “The law is totally on my side, meaning, the president can’t have a conflict of interest.” To address this unprecedented corruption of the Oval Office and this threat to our Constitution and our democracy, we believe Congress must move forward now with an impeachment investigation of President Trump. More than 575,000 people from across the country have already called for this, joining a [new campaign](http://www.impeachdonaldtrumpnow.org) launched moments after President Trump took the Oath of Office. The President’s possible conflicts of interest have become increasingly apparent. In the meantime, instead of starting to “make America great again,” the 45th President should read the Constitution and “make the President honest again.” After all, he swore to uphold the Constitution. ## Transcript I am officially running Aah, yeah [ APPLAUSE ]. for President of the United States [ APPLAUSE ] and we are going to make our country great again. The American Dream is dead, but if I get elected President I will bring it back bigger and better and stronger than ever before and we will make America great again. I was called by a major major reporter whose name I won't use. And he said to me what you've done has never been done Male 1: In the history of United States politics. And more and more people are resonating to what I'm saying. That's why I'm leading in every poll. We will have so much winning if I get elected that you may get bored with winning. I think I have to win. I'm about winning. Male 2: It's been amazing to follow and exciting because you say some shocking Things [ LAUGH ] You've called women you don't like fat pigs, dogs, slabs, and disgusting animals. Your Twitter account. Only Rosie O'Donnell Look at those hands, are they small hands? And he referred to my hands, if they're small something else must be small. I guarantee you there's no problem there, I guarantee it. I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn't lose any voters okay? You gotta see this guy, I don't know what I said. I don't remember. [ APPLAUSE ] Here's a guy throwing punches, nasty as hell, screaming and everything else when we're talking. I mean what can happen, and we're not allowed, you know the guards are very gently with him, he's walking out like big high fives. Smiling, laughing, like to punch him in the face. [ APPLAUSE ] USA! USA! USA! When Mexico sends their people, they're not bringing their best. They're sending drugs, they're bringing crime, they're rapist. I will build a great great wall On our southern border. And I will have Mexico pay for that wall. The former president of Mexico Vicente Fox, he said today, and I'm quoting him. He said, I'm not going to pay for that quote, F'ing wall. How are you going to make them pay for the wall? I will and the wall just got ten feet taller, believe me. Zero tolerance for criminal aliens, zero, zero. Now a different threat challenges the whole world. Radical Islamic Terrorism. Donald J Trump is calling for a total and complete shut down. Of Muslims entering the United States. Donald Trump, let me ask you, have you even read the United States Constitution? You have sacrificed nothing, and no one [ APPLAUSE ] I think I've made a lot of sacrifices. I work very, very hard. I've created thousands and thousands of jobs, tens of thousands of jobs. Built great structures. I've had tremendous success. Those are sacrifices? Sure I think they're sacrifices. [ MUSIC ] As the proud daughter of your nominee I am here to tell you this is the moment and Donald Trump is the person to make America great again. [ LAUGH ] I humbly and gratefully accept. Your nomination for the presidency of the United States. And we will make America great again. God Bless you and good night. I love you. [ Music ] Ladies and gentlemen, the Republican nominee for President, Donald J. Trump. And the Democratic nominee for President Hilary Clinton . >> You're telling the enemy everything you wanted to do . >> No we're not . >> See. you're telling the enemy everything you wanted to do . >> There are different . >> Secretary, is it President Obama's fault? Wrong >> That is absolutely Wrong . >> Prove over and over again. Wrong. I also have a much better temperament than she has, you know? If Hillary knew how she would have done it already, period, end of story. I won the debate, I stayed calm just like I promised, and it is over. Goodnight, [ INAUDIBLE ]. [ LAUGH ] I better use some Tic Tacs just in case I start kissing her. You know I'm automatically attracted to beautiful. I just start kissing them. It's like a magnet. [ LAUGH ] Just kiss. I don't even wait. And when you're a star they let you do it. You can do anything. Whatever you want. Grab them by the ****. I've said and done things I regret, and the words released today on this more than a decade old video Are one of them. This is nothing more than a distraction from the important issues we're facing today. You bragged that you have sexually assaulted women, do you understand that? No I didn't say that at all. I don't think you understood what was said. This was lock Locker room talk . >> Just breaking a damning report from the New York Times that claims Donald Trump inappropriately touched two women, the first nearly [ INAUDIBLE ] That more women now accuse Donald Trump of improper physical contact . >> The People Magazine writer who said that Donald Trump kissed her and groped her in 2005 while she was interviewing him and his then pregnant wife Melania . >> These vicious claims About me, of inappropriate conduct with women. Are totally, and absolutely false. I didn't know any of these women, I didn't see these women. And I didn't even apologize to my wife, who's sitting right here, cuz I didn't do anything. Thank you. Do you make the same commitment that you will absolutely, Sir, that you will absolutely accept the result of this election? I will look at it at the time. I'm not looking at anything now, I'll look at it at the time. And I will totally accept the results of this great and historic presidential election. If I win. 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