Elizabeth Warren Demands Answers on Trump's DC Hotel Lease
by Ken Dilanian
Two top Senate Democrats are pressing the
government to explain how Donald Trump's federal lease to operate a
luxury hotel near the White House can go forward despite what they call
the "unmanageable conflicts of interest" presented by the president
becoming his own landlord — as well as a provision that bans government
officials from the deal.
Sen. Elizabeth Warren of Massachusetts joined with Sen. Tom Carper of Delaware, ranking Democrat on the
committee that oversees government operations,
in sending a letter Thursday to the General Services Administration,
which in 2013 awarded a lease to the Trump organization to redevelop and
run a hotel in the Old Post Office Pavilion on Pennsylvania Avenue.
Click Here to Read the Letter
Trump committed $200 million to transform the
historic building into a hotel, and in return received the exclusive
rights to run the hotel and keep the profits for a period of at least 60
years.
While Trump has said he will hand off control of
his real estate empire to his children, he has not said whether he will
transfer ownership.
First, critics say, that would mean the Trump
organization would be negotiating annual rent payments with federal
bureaucrats who work for Donald Trump.
And second, the GSA lease includes a standard
provision stating that "No…elected official of the Government of the
United States…shall be admitted to any share or part of this Lease, or
to any benefit that may arise therefrom…"
"Federal procurement officials include this
clause in lease agreements to avoid the appearance of favoritism or
preferential treatment toward federal officials," Warren and Carper
write. "GSA officials managing the agreement are required to balance
their duties to execute the terms of the contract entered into with the
building's tenant while also protecting the interests of the building's
landlord."
However, the senators continued, "once
President-elect Trump assumes office, he will oversee GSA and have the
authority to appoint a new GSA Administrator, which will effectively
make President-elect Trump landlord and tenant at the same time. Terms
of the agreement also require annual disclosures of sensitive financial
information and for GSA to renegotiate rent adjustments and other
payments to the Trump Organization. Such a scenario will present
unmanageable conflicts of interest for career GSA officials and
President-elect Trump and result in a breach of plain language of the
lease agreement."
Warren and Carper add that the GSA's
relationship with President-elect Trump "is also complicated by two
provisions in the Constitution prohibiting the President from receiving
additional 'emoluments' salaries, fees, or profits — from either the
U.S. or foreign governments."
They point out that Article II, Section 1,
Clause 7 of the Constitution, states: "The President shall…receive for
his Services, a Compensation…and he shall not receive within that Period
any other Emolument from the United States, or any of them."
And Article I, Section 9, Clause 8 of the
Constitution — often referred to as the "Emoluments Clause"—states:
"[N]o Person holding any Office…shall, without the Consent of the
Congress, accept of any present, Emolument...of any kind whatever, from
any...foreign State."
If the current lease agreement remains in place,
the senators say, President-elect Trump "will receive compensation from
the federal government separate from his annual salary, which is
prohibited by the Constitution."
Carper and Warren are also concerned, they
write, that foreign governments are paying for their official
representatives to stay at what is known as the Trump International
Hotel because the property is affiliated with the incoming President.
The Kingdom of Bahrain, for example, recently booked space at the Trump Hotel for a reception, they write.
"Once he takes office, payments from these
foreign governments to entities owned by President-elect Trump would
likely result in a violation of the Emoluments Clause prohibition of
payments from foreign governments," the senators say.
The senators say they see no evidence that GSA
took steps to plan for this difficult scenario while Trump campaigned to
be president, and they are demanding answers that GSA so far has
refused to provide about what legal conclusions have been reached by
government ethics lawyers.
In November,
the GSA told Buzzfeed
that "Prior to Mr. Trump taking the oath of office, GSA plans to
coordinate with the President-elect's transition team to allow a plan to
be put in place to identify and address any potential conflict of
interest relating to the Old Post Office building."
Trump has promised that he will discuss how he
plans to deal with his business interests at a Dec. 15 news conference.
During the campaign, he accused Democrat Hillary Clinton of
"corruption," for, among other things, the Clinton Foundation's
acceptance of contributions from foreign governments.
No comments:
Post a Comment