Emoluments Clause Violations
In the end, they all agreed early on that there was a possible violation of the Constitution’s Emoluments Clauses. Nonetheless, the attorneys decided to ignore the emoluments issues.
As one senior attorney told us, OGC decided to “punt.” (pg. 16)
Terry told us that he immediately formed an opinion, based on his “plain reading” of Section 37.19, that there was no breach of Section 37.19; however, he waited to formalize his opinion because he was willing to consider other points of view. (pg. 8)