No One Is Above the Law

This week Attorneys General from DC and Maryland alleged in a lawsuit that payments by foreign governments to President Trump's businesses violate anti-corruption clauses in the Constitution. With a president who is also a real estate tycoon, reality TV star, and personal brand -- and who actively receives revenue via each of these personae -- the possibilities seem endless for political corruption, particularly in light of the Emoluments Clause of the Constitution, which forbids the receiving of gifts, titles, and emoluments from foreign countries without Congress's consent. The problem, according to law professor Jed Shugerman, is that without access to Donald Trump's tax documents, it's impossible to know the full extent of his financial dealings -- and thus difficult to move forward on any potential corruption charges. Bob talks with Shugerman about a legal strategy that could bring Trump's entanglements into the light. But Trump's taxes are only necessary if we define "corruption" as the explicit exchange of payments for favor, or "quid pro quo." This definition, which the Supreme Court used in the controversial Citizens United ruling and which countless politicians have leaned on ever since, argues that unless you can demonstrate explicit exchange, you can't prove, or prosecute, corruption. But according to Zephyr Teachout, author of Corruption in America, this was never what America's founders envisioned when they set out to fight corruption. Brooke talks with Teachout about the overwhelming passion for anti-corruption present at the founding of the nation, the "bright line" rules it inspired, and how we have drifted so far from our original understanding of the concept. Support On the Media as a Sustaining Member today! Sign up to give just $7 send you Brooke's new book "The Trouble with Reality". Donate now.  On the Media is supported by listeners like you. Support OTM by donating today (https://pledge.wnyc.org/support/otm). Follow our show on Instagram, Bluesky, TikTok and Facebook @onthemedia, and share your thoughts with us by emailing [email protected]. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.