, 12 tweets, 6 min read Read on Twitter
This rampant graft is a 💯 example of an article of impeachment that virtually drafts itself, despite not being a crime (let alone within Mueller’s remit). It’s a constitutional issue. Emoluments clauses clarify the obvious danger of POTUS having financial conflicts of interest.
Major benefits in an impeachment context:
• No need to determine all elements of a crime have been met or proved beyond reasonable doubt
• Expect pushback on definition of emoluments, but so what? Self-enrichment compromising POTUS’ judgment & breaching duty of loyalty…
…to country/citizens that elected him fits well within meaning of “high crimes & misdemeanors”
• Easily understood by public: Loyalty should be 100% to the American people. $ going into the pocket of his family business are a corrupting influence. Flagrant examples can help.
• It’s basically bribery minus meeting of the minds. Sheikh spends 26 nights in Trump suite and “coincidentally” times when decisions are being made that could benefit him. Legal defense, like much of Vol. I of Mueller report: “No collusion!” (explicitly, in a form we capture).
• Yes a conspiracy can be inferred by circumstantial evidence, but unnecessary for impeachment. Common-sense “AYFKM?’ judgment by Congress/public can do. Avoids messy proof of things like intent & causation.
• Now add true graft: Taxpayer dollars steered to Trump businesses.
There’s no “graft clause” in the Constitution. Emoluments clauses were intended to thwart foreign countries buying influence. No prob. Self-enrichment can be cast as breach of duty/violation of public trust. In realpolitik, whatever appears corrupt & mortifying in hearings on TV.
As @RepRaskin put it, “purpose of the emoluments clause was to guarantee absolute, undivided loyalty of POTUS to the American people, not to foreign govts who could show up with…big cash payoffs.” By analogy we could add “…or to family/friends’ biz monetizing the presidency.”
Final thought: In a sense this grounds for impeachment is polar opposite of campaign finance regulations for which Michael Cohen ended up in prison (hush money) or which Mueller investigated in connection w/ TT “Russian lawyer” meeting. Those are bright-line regulations, not…
…well known among public & not “malum in se” (wrong in itself)—using campaign money for X but not Y. Break law, pay the penalty.

Betrayal of trust, divided loyalties, incentives for self-enrichment, etc. are broad concepts of POTUS violating duty to US, Constitution & people.
.@tribelaw points out fact that treason & bribery are mentioned before other High Crimes & Misdemeanors suggests HC&M concept involves POTUS’ intentional betrayal, offenses against the nation, not necessarily fed crimes. (Contrast, say, having an affair & lying to cover it up.)
Primary reference for these thoughts was @talkingfedspod remarkable episode w/ @tribelaw @RepRaskin @UCBerkeley #DeanChemerinsky and host @harrylitman. Podcasts and transcripts ~> talkingfeds.com/transcripts/20…
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