Opinion by Jennifer Rubin: What’s to stop future presidents from taking advantage of the same loopholes that Trump exploited?
, PODA would have addressed this by codifying “constitutional prohibitions on foreign and domestic emoluments, by expressly prohibiting federal officers from receiving most foreign emoluments absent prior congressional consent, and prohibiting the president specifically from accepting domestic emoluments.
But it has never come to a vote in the Senate. As such, future presidents will be able to follow Trump’s example and exploit the absence of an enforcement mechanism for the Emoluments Clause. Senate Democrats haven’t even brought it to the floor to force Republicans to vote it down .The failure of the Senate to take up PODA also means that the bill’s common-sense and overwhelmingly popular requirement for the president and vice president to disclose 10 years of tax returns has gone nowhere.
Same goes for proposals to add teeth to the Hatch Act, which prohibits executive branch employees from using federal funds, property and employee time for political activities. Violations of the Hatch Act were routine during the Trump years, ranging from senior White House officials for candidates on TV to Trump commandeering the White House for the Republican National Convention in 2020.expressly apply the Hatch Act to the president, vice president and other top White House officials. Itempower a special counsel to investigate senior officials’ violations, set stiff monetary fines, require reporting to Congress and create a court enforcement mechanism. But again, it’s languishing in the Senate.
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