Trump to turn over business empire to his children
 

Trump to turn over business empire to his children
by Danielle Wiener-Bronner
November 11, 2016: 7:23 PM ET

President-elect Donald Trump is giving control of his sprawling business network to his children as he prepares to assume the presidency.

"We are in the process of vetting various structures with the goal of the immediate transfer of management of The Trump Organization and its portfolio of businesses to Donald Jr., Ivanka and Eric Trump," a Trump Organization spokesperson told CNNMoney.
The spokesperson said that Trump's children will be joined by "a team of highly skilled executives."

"This is a top priority at the Organization and the structure that is ultimately selected will comply with all applicable rules and regulations," the spokesperson said.
The decision to distance himself from his business tracks with the practice of most American presidents. Though it is not illegal for a U.S. president to retain control of private assets, many have established a blind trust for the course of their service to prevent conflicts of interest.

It's not clear, however, that this type of reorganization would put all that much distance between Trump and the privately held company since the president-elect has also tapped his three oldest children to be on his presidential transition team's executive committee.
Related: Unprecedented potential conflicts for President-elect Trump
Trump has said previously that he would cede control of the organization to his children if he was elected president. And in an interview with CNN this week, Michael Cohen, an attorney for Trump and the Trump Organization, reiterated that Ivanka, Eric and Donald Jr. would take control of the organization.

The children currently bear the titles of executive vice president of development and acquisitions at the organization.

"They're really intelligent. They're really qualified. That's why he really didn't run in 2012, because they were younger by four years," Cohen told CNN Thursday. "He's very comfortable with them at the helm and the people that will surround them."

Related: Here are the business leaders on Trump's transition team
Trump's business dealings have raised eyebrows during his candidacy and since his victory. The Republican has a stake in more than 500 businesses — more than anyone ever elected president.

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My personal thoughts about his kids running the business and also getting a Secrete or Top Secrete Clearance? Not sure this should be allowed. I feel a conflict of interest and personal gain will come from knowing too much.

If his kids are running the company - that's fine. But Trump can not delegate company issues during his presidency. This would be wrong. If he's not taking his yearly pay what's he doing with it? Donations? But to whom? He will get a full retirement for life even if he only does four years. Waive that and I would be surprised.

I voted for him not his kids. They should not be involved in US business especially when it comes to channeling monies that could result in personal gain?

His cabinet has me worried and congress will have to authorize acceptance of those people should he declare them his cabinet members. This will no doubt be interesting and I'm sure HC will have something to add to my concerns.

Boats:
If you or anyone else who voted for Trump"really"believe Trump will play by the rules and comply with all laws governing the President's office, than you're in for a rude awaking. Plus, even if he snub his nose at the laws governing the President's office, he knows he won't be arrested.

WH

I couldn't in all good conscience vote for Hillary & Bill for anothe 4-years. She blew it badly and people died during her watch. I don't like Trump either but we needed a change even if it means later he gets impeached for some reason? God only knows whose the right person to run this country but neither of them to me are the right choice.

But that's all we had and we all have to live with it now for the next four years. There are no Saints in government. To pass anything you have to give something in return. My only thoughts are his current empire or business should be run by his family not him. Plus no kids in office with Top Secrete clearances. Conflict of interest and backdoor deals are done by all who serve. It's a money making job but also its our country and I want whats best for our people. To do less than that - they should resign.

It's too early to say what will happen but after he's sworn in and his next 100 days should be quite interesting to see what direction his ideas will go. But to make personal gain on while he is in Office is illegal - and he could then be impeached.

Presidential Impeachment: The Legal Standard and Procedure
RE: http://litigation.findlaw.com/legal-...procedure.html

The involuntary removal of a sitting President of the United States has never occurred in our history. The only legal way such can be accomplished is by the impeachment process. This article discusses the legal standard to be properly applied by members of the U.S. House of Representatives when voting for or against Articles of Impeachment, and members of the U.S. Senate when voting whether to convict and remove from office a President of the U.S., as well as the procedure to be followed.

Article I § 2 of the United States Constitution gives the House of Representatives the sole power to impeach (make formal charges against) and Article I § 3 gives the Senate the sole power to try impeachments. Article II § 4 of the Constitution provides as follows:

"The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

Thus, the operative legal standard to apply to an impeachment of a sitting President is "treason, bribery, or other high crimes and misdemeanors." There is substantial difference of opinion over the interpretation of these words.

There are essentially four schools of thought concerning the meaning of these words, although there are innumerable subsets within those four categories.

Congressional Interpretation

The first general school of thought is that the standard enunciated by the Constitution is subject entirely to whatever interpretation Congress collectively wishes to make:

"What, then, is an impeachable offense? The only honest answer is that an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history; conviction results from whatever offense or offenses two-thirds of the other body considers to be sufficiently serious to require removal of the accused from office..." Congressman Gerald Ford, 116 Cong. Rec. H.3113-3114 (April 15, 1970).

This view has been rejected by most legal scholars because it would have the effect of having the President serve at the pleasure of Congress. However there are some, particularly in Congress, who hold this opinion.

An Indictable Crime

The second view is that the Constitutional standard makes it necessary for a President to have committed an indictable crime in order to be subject to impeachment and removal from office. This view was adopted by many Republicans during the impeachment investigation of President Richard M. Nixon. The proponents of this view point to the tone of the language of Article II § 4 itself, which seems to be speaking in criminal law terms.

There are other places in the Constitution which seem to support this interpretation, as well. For example, Article III § 2 (3) provides that "the trial of all crimes, except in cases of impeachment, shall be by jury." Clearly the implication of this sentence from the Constitution is that impeachment is being treated as a criminal offense, ergo, impeachment requires a criminal offense to have been committed.

Article II § 2 (1) authorizes the President to grant pardons "for offenses against the United States, except in cases of impeachment." This sentence implies that the Framers must have thought impeachment, and the acts which would support impeachment, to be criminal in nature.

In the past, England had used impeachment of the King's ministers as a means of controlling policy (Parliament could not get rid of the King, but could get rid of his ministers who carried out acts Parliament believed to be against the best interest of the country). However, in English impeachments, once convicted that person was not only removed from office but was also punished (usually by execution).

Misdemeanor

The third approach is that an indictable crime is not required to impeach and remove a President. The proponents of this view focus on the word "misdemeanor" which did not have a specific criminal connotation to it at the time the Constitution was ratified. This interpretation is somewhat belied by details of the debate the Framers had in arriving at the specific language to be used for the impeachment standard.

Initially the standard was to be "malpractice or neglect of duty." This was removed and replaced with "treason, bribery, or corruption." The word "corruption" was then eliminated. On the floor during debate the suggestion was made to add the term "maladministration." This was rejected as being too vague and the phrase "high crimes and misdemeanors" was adopted in its place. There are many legal scholars who believe this lesser standard is the correct one, however.

Relating to the President's Official Duties

The fourth view is that an indictable crime is not required, but that the impeachable act or acts done by the President must in some way relate to his official duties. The bad act may or may not be a crime but it would be more serious than simply "maldministration." This view is buttresses in part by an analysis of the entire phrase "high crimes or misdemeanors" which seems to be a term of art speaking to a political connection for the bad act or acts. In order to impeach it would not be necessary for the act to be a crime, but not all crimes would be impeachable offenses.

Some hold the opinion that Congress could pass laws by declaring what constitutes "high crimes and misdemeanors" which would, in effect, be a list of impeachable offenses. That has never happened. (Query: If Congress passed such a code of impeachable offenses, could that be applied retroactively, much as a definition, to a sitting President? Would such an application be viewed as an ex post facto law? Also, would such a statue be an attempt to amend the Constitution, without following the amendment procedure?)

How Congress Sets the Rules for Impeachment

Both the U.S. House of Representatives and the U.S. Senate have the right to make their own rules governing their procedure, and to change those rules. Under current rules, the actual impeachment inquiry begins in the Judiciary Committee of the House of Representatives. That Committee holds hearings, takes evidence, and hears testimony of witnesses concerning matters relevant to the inquiry. Typically, as occurred in the case of President Nixon, there will also be a Minority Counsel who serves the interest of the party not controlling Congress.

Witnesses are interrogated by the Committee Counsel, the Minority Counsel, and each of the members of the House Judiciary Committee. The Committee formulates Articles of Impeachment which could contain multiple counts. The Committee votes on the Articles of Impeachment and the results of the vote are reported to the House as a whole. The matter is then referred to the whole House which debates the matter and votes on the Articles of Impeachment, which may or may not be changed. If the Articles of Impeachment are approved, the matter is sent to the Senate for trial.

Impeachment Trials

The trial in the Senate is handled by "Managers" from the House of Representatives, with the assistance of attorneys employed for the prosecution of the impeachment case. The Senate sits as a jury. (In the past the Senate has heard judicial impeachments by appointing a subcommittee especially for that purpose, which then reports its findings to the Senate as a whole. The Senate would then debate the matter, and vote, each individual Senator voting whether to convict the President and remove him from office, or against conviction. If more than two-thirds of the Senators present vote to convict, the President would be removed from office. Thus a Senator who abstained from voting but was present would in effect be voting against conviction. (Article I § 3).

If the President is convicted by a vote of the Senate, and removed from office, yet another grave constitutional crisis is then presented. Does the President have a right of appeal, and if so, to whom? Article I § 3 of the Constitution states:

"The Senate shall have the sole Power to try all Impeachments..."

For many years, the conventional view was that the forgoing section of the Constitution meant that the Senate was the final arbiter when it came to impeachments (at least as to Federal Judges) and that what constituted an impeachable offense would be unreviewable. See Ritter v. U.S., 84 Ct. Cl. 293 (1936) cert denied 300 U.S. 668 (1937).

However, if there is an impeachment standard (and there can be no doubt that there is as the Constitution specifically establishes one -- "treason, bribery or other high crimes and misdemeanors"), then it is only logical that it is possible for that standard not to be correctly followed. If such is the case, who is responsible for saying that the standard was not correctly followed? There can only be one answer -- the courts. As there has never been a successful impeachment and removal of a sitting President, there is no authority "on all fours" for the proposition either way. However, there is authority which would shed some light on this complicated question.

The Role of the U.S. Supreme Court

The Supreme Court of the United States has decided that it should not review judicial impeachments, using the "political question" doctrine to sidestep the issue. Walter Nixon v. United States, 506 U.S. 224 (1993). In the Walter Nixon case, Judge Nixon attacked the rule of the Senate allowing a subcommittee to hear evidence, rather than the Senate as a whole, in his judicial impeachment. The opinion of the Supreme Court declined to review Judge Nixon's case, and in dicta is not binding on future Courts.

Even though the Court was unanimous in concluding not to review Judge Nixon's removal from office, there were multiple concurring opinions. The concurring opinion of Justice White indicates an unwillingness, on his part at least, to conclude in advance that a Presidential impeachment would be unreviewable. See Walter Nixon v. United States, 506 U.S. at 244. As stated by Justice White at footnote 3, page 247 of the Walter Nixon case:

"Finally, as applied to the special case of the President, the majority's argument merely points out that, were the Senate to convict the President without any kind of trial, a Constitutional crisis might well result. It hardly follows that the Court ought to refrain from upholding the Constitution in all impeachment cases. Nor does it follow that, in cases of Presidential impeachment, the Justices ought to abandon their constitutional responsibilities because the Senate has precipitated a crisis."

This view is echoed by Justice Souter in his concurring opinion in the same case:

"If the Senate were to act in a manner seriously threatening the integrity of its results...judicial interference might well be appropriate." Walter Nixon v. United States, 506 U.S. at 253.

This article was written by Ronald Arthur Lowry.