
The Trump administration may be violating the Constitution again. In yet another display of his disregard for the limitations on his power, President Trump is set to accept a Qatari jet as his new Air Force One, both for his presidential use and then, after his administration, for usage in his private library. Such a move to accept a foreign gift without authorization from Congress is among the many warning signs of Mr. Trump's endemic corruption.
On planes and rights
On Sunday, The New York Times reported that the Trump administration is slated to accept a luxury Boeing 747-8 from the Qatari Royal Family, and that after his presidency, said jet will be transferred to his presidential library. Said family currently leads one of the most brutal governments in the region. It is currently ranked with the blunt "Not Free" label by Freedom House, a nonpartisan human rights organization, due to its extensive record of abusing migrant workers with human rights violations such as wage theft, dangerous working conditions, and repression of dissent. Political parties are banned, and no such dissent is permitted. It is rather telling that the Qatari government, of all governments, is trying to appeal to Trump via this gift.
That plane also raises concerns about the role it played in the exploitation of labor. As I noted before, Qatar is notorious for its exploitation of workers, going so far as to restrict a worker's right to leave the country without employer approval. Under Emir Tamim bin Hamad bin Khalifa Al Thani, the monarchy permits limited elections for some positions, such as the legislature, but in terms of the executive, no such elections are permitted.
As Freedom House notes:
"Discriminatory laws significantly limit the civil liberties of women, religious minorities, and LGBT+ people. For example, the male guardianship system requires women to get permission from male guardians to exercise basic rights such as get an education, marry, travel abroad, and access reproductive healthcare."
All of this is to say, accepting this gift would send a troubling and dangerous message to the world that the United States no longer respects human rights and basic decency on the world stage.
Is it legal?
In all likelihood, the proposed acceptance of this plane violates Article I, Section 9, Clause 8 of the United States Constitution, known as the Emoluments Clause. Presented plainly, the clause explains that:
"No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State." - Article I, Section 9, Clause 8 of the United States Constitution.
This means that the President, and government officials more generally, can't accept gifts from foreign officials without congressional approval. As this is clearly a gift from a foreign government, a plain text reading of the Constitution renders this decision highly illegal, and while Attorney General Pam Bondi, who lobbied for Qatar before she worked for the White House, may argue otherwise, the text speaks for itself. Without Congressional approval, there is no serious legal way this is acceptable under current law.
Even if I were to grant that Ronald Reagan had his own plane, the administration's position would still be untenable. The plane in the Ronald Reagan Presidential Library is a decommissioned Air Force plane, not a plane created by a foreign government or given as a gift. These circumstances are very different.
Conclusion
Mr. Trump has shown repeatedly that he is uninterested in upholding the Constitution or following the most basic ethical standards necessary for good governance. If he moves forward with his decision to accept this plane, then he should face immediate impeachment proceedings, but with Republicans in charge, I doubt that will come anytime soon.