Donald Trump can take payments from foreign governments: US

George Washington did it, so Donald Trump can, too. That's the justice department's take on why the 45th president isn't violating the US Constitution by accepting payments for goods and services from foreign governments without congressional approval.

The foreign emoluments clause of the Constitution doesn't apply to fairmarket commercial transactions, such as hotel bills, golf club fees, licencing payments and office rent, the justice department argued on Friday in a filing. The government is asking a judge to throw out a lawsuit brought by a watchdog group that claims Trump's business dealings violate the Constitution.

If accepted by the court, the argument would eliminate a major legal obstacle for Trump's businesses to keep money from foreign officials and companies owned by foreign governments.

Citizens for Responsibility and Ethics in Washington, or CREW, sued Trump within days of his inauguration in January, claiming foreign officials are doing business with Trump properties as a way to curry favour with the president. The group is seeking an order from US District Judge Ronnie Abrams in Manhattan that Trump is violating the foreign emoluments clause and the domestic emoluments clause, which specifically bars presidents from taking payments from federal or state officials.

PRECEDENTS
The US said George Washington exported flour and cornmeal to England, Portugal and Jamaica while president. Thomas Jefferson exported tobacco to Great Britain.

No concerns were raised over their receiving foreign emoluments. And Barack Obama received royalties on his books, many of which are held in the libraries of foreign public universities, according to the government.