The Offices of Inspector General (OIGs) at the Department of the Treasury, Internal Revenue Service (IRS) and Department of Justice (DOJ) must investigate the risks posed by President Trump’s unprecedented $10 billion lawsuit against the IRS and the Treasury seeking damages from the unauthorized disclosure of his tax returns. The OIGs must determine whether any attorney conflicts of interest have arisen in the course of this litigation and whether any federal official is poised to enable President Trump’s receipt of constitutionally prohibited emoluments in the form of an excessive monetary settlement.

President Trump is using private counsel in his role as the plaintiff filing the lawsuit, but because he is the head of the executive branch, which the defendant agencies fall under, he holds a dual role that creates an irreconcilable conflict of interest for government attorneys. Government attorneys must be committed and dedicated to the interests of their client agencies, a duty which is undermined if the attorney has competing loyalties. In this situation, it is impossible for government attorneys to fulfill their ethical duties to zealously defend the interests of their client agencies against Trump’s personal claims while he wields authority over them. 

Any profit, gain, or advantage President Trump obtains from litigation against the IRS and Treasury, including any excessive monetary settlement, would violate the Constitution’s Domestic Emoluments Clause. Under this Clause, presidents are prohibited from receiving payments from any federal sources other than their fixed salary and federal officials—including officials at the Treasury Department, IRS, and DOJ—are additionally prohibited from directing emoluments to the president. 

The OIGs must use their authority to determine whether sufficient internal controls are in place to prevent the potential conflicts of interest and constitutional violations posed by Trump’s lawsuit and ensure that government institutions are not garnering favor with the president at the expense of the American public.

Read the letter here.

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