
The motorcade of US President Donald Trump is parked next to a 12-year old Qatari-owned Boeing 747-8 that Trump was touring in West Palm Beach, Florida, US, February 15, 2025. — Reuters
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Legal experts say US President Donald Trump’s plan to accept 400 million aircraft from Qatar has raised a rally of questions about the scope of the laws, which are related to the gifts of foreign governments, and their aim is to thwart corruption and misconduct.
Take a look at some laws and legal ideas here:
What does the US Constitution say?
There are two provisions in the US constitution that impose sanctions on the president to receive an ambulance, or gift from foreign governments or federal or state governments.
One clause states that the US Congress will have to approve an elected official in the United States for any gift of “king, prince, or foreign state”. Second, called the “domestic” immunization clause, forbids the president to receive a gift ahead of his salary.
The Congress has clearly approved the gifts of foreign governments in the past. In 1877, the Congress accepted the statue for Independence as a French gift.
The foreign Emulament Article did not prevented President Barack Obama from receiving the Nobel Peace Prize in 2009, which included $ 1.4 million in cash, without the consent of the Congress.
A memo of the legal lawyer of the Justice Office of the Department decided that the award did not violate the constitution because the Norwegian Nobel Committee is not a “king, prince or a foreign state”. Obama donated this money for charity.
Who can enforce the provisions?
According to a report of Congress research services, this is not clear, and the Supreme Court has not paid attention to this question.
Legal experts said that the Congress, the US states and even some private businesses could try to prosecute the president if they believe a gift violates the clause of foreign immigrants, but they face challenges.
The US courts are demanding that the plaintiffs stand legal “standing” to make claims, which means that it should be a suitable party to bring a case, which is a limit to any legalism.
What did the US courts say about emulsion?
Until the first term of Trump, the clauses did not take legal action, and even the term “emulsion” means a matter of legal dispute.
Congress Democratic members filed a lawsuit against Trump in 2017 when their global business allegedly received payment from foreign governments, including Kuwait hosted a program at Washington’s Trump International Hotel.
The case was rejected by US court appeals for the Colombian district, which said that 215 members of the Congress had a shortage of trial as an institution because they did not have the majority. The Republican controlled both the Houses of the Congress at the time, as they now do.
The US Supreme Court refused to review the decision in October 2020.
Maryland and District Columbia’s lawyers general also jointly brought an ambulance case related to Trump’s business during his first term. His case was rejected by a panel of three judges, which the Republican president had appointed for the fourth circuit with US court appeals, due to lack of standing.
The US court appealed for the second circuit that was decided in 2019 that restaurants and hotels in New York and Washington claimed that they had been harmed by Trump’s competitive business. When Trump left power after losing the 2020 elections, the matter was ousted without dealing with the good.
Do other US laws rule foreign gifts?
Foreign gifts and decoration act requires requirements of gifts and allows the president to keep anything, which costs less than 80 480. More than 80 480 worth of gifts can be accepted by the United States, which maintain ownership. The presidents are allowed to keep the gifts above the threshold level if they pay the government for a fair market cost.
Are there possible exceptions?
The aircraft may be accepted by the Defense Department under a law that was implemented in 1990 to contribute to defense programs.
This law allows the Secretary of Defense to accept money or property contributions from individuals, foreign governments and international organizations, and can be used by the Air Force, which operates the president’s aircraft.
Trump has said that the aircraft will eventually be donated to his presidential library, which is a storage housing research material by his administration. He said that after leaving his office, he had no plans to keep him a keep for personal use. It is unclear whether such donations will benefit the domestic immunization clause, which prevents the president from accepting gifts out of salary for employment.