CREW requests Office of Legal Counsel records on Emoluments

CREW seeks a copy of all opinions written by the Office of Legal Counsel (“OLC”) that discuss, in any way, the provision of Article II, Section 1 of the U.S. Constitution that provides: “The President shall, at stated times receive for his services, a compensation, which shall neither be increased  nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.”

The requested records are likely to contribute to the public’s understanding of the Constitution’s restraints on the president receiving emoluments from state governments or the United States government beyond the compensation provided for in the Constitution. News reports and members of Congress have raised questions about whether President-elect Donald J. Trump’s broad business holdings could result in him receiving income or other compensation from states or the United States, potentially in violation of the Constitution. CREW is aware of one OLC opinion addressing this clause, and the requested records are likely to shed more light on the OLC’s opinions about this significant constitutional issue.