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Law Professor: Trump Can't Hold Lease On His Hotel Near White House
NPR ^ | 29 Nov 2016 | Jackie Northam

Posted on 11/29/2016 1:50:29 PM PST by Theoria

After Donald Trump is sworn in as president on Jan. 20, he will follow a time-honored tradition and make his way from the U.S. Capitol down Pennsylvania Avenue.

Along the way, just a few blocks before he reaches the White House, he'll pass the Trump International Hotel. The 263-room luxury hotel is becoming the focus of a debate over conflict of interest between Trump and his business dealings.

Trump doesn't actually own the landmark building, which was once the headquarters of the U.S. Post Office. In 2013, he signed a 60-year lease for the building with the General Services Administration, which helps manage and support federal agencies. The Trump Organization spent upwards of $200 million on renovations and reopened it as a hotel about a month before the Nov. 8 presidential election.

But there's a hitch, according to Steven Schooner, a government procurement expert who is also a law professor at the George Washington University School of Law. Schooner has studied the 100-plus-page contract and says there's a clause that clearly states elected officials should have no role in the lease.

"The contract between GSA and the Trump Organization specifically says that no elected official of the United States government shall be party to, share in, or benefit from the contract," he says, citing clause 37.19 of the contract.

Schooner says the GSA should terminate the lease before Trump becomes president.

(Excerpt) Read more at npr.org ...


TOPICS: Business/Economy; Government; Politics/Elections; US: District of Columbia
KEYWORDS: donaldtrump; hotel; lease; trump; trumphotel; washingtondc
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To: allendale

That is how the system works. Dunno if Chaffetz and crew will continue doing their job on the CF as well.


21 posted on 11/29/2016 2:01:34 PM PST by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: doug from upland

Can’t imagine it’s not an agreement with the corporation


22 posted on 11/29/2016 2:01:37 PM PST by reed13k
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To: Darteaus94025

It Worked For LBJ! He Put his “holdings” in LadyBird’s name if memory serves and I believe it does....


23 posted on 11/29/2016 2:02:09 PM PST by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Hugin

No he’s not. He only gave you half of the clause. It’s #fakenews.


24 posted on 11/29/2016 2:02:41 PM PST by RetiredNavy ("Only accurate firearms are interesting")
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To: Theoria

The relevant section seems to be here:

http://www.gsa.gov/portal/mediaId/233135/fileName/Part_Two_of_Segment_002_of_OPO_Ground_Lease_(2013)_RA.action

in section VIII (GENERAL) paragraph 3:

“no member of Congress shall be admitted to any share of part of any contract ...”

The President is not a member of Congress. The VP is, of course, a member of the Senate, so this section would have applied to Pence, but the section as written does not apply to Trump.


25 posted on 11/29/2016 2:03:04 PM PST by Jubal Harshaw
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To: Pearls Before Swine

Sounds like it makes sense.

The small stuff is why Donald has lawyers to sweat it for him. I don’t think he would willingly do something improper.

Of course maybe he could just BUY the land, mooting the lease issue.


26 posted on 11/29/2016 2:03:11 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: RetiredNavy

The Trump company is absolutely not a public corporation. It’s a closed corporation that probably has shares owned by many members of the Trump family.


27 posted on 11/29/2016 2:03:18 PM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: Jubal Harshaw

Unless there is some parallel law about the executive, elsewhere?


28 posted on 11/29/2016 2:03:55 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Pearls Before Swine

All will go to the kids. I’m betting corporate law permits individuals not just to avoid personal liability but also to step outside their corporate role.


29 posted on 11/29/2016 2:04:18 PM PST by xzins
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To: ThePatriotsFlag

I doubt Donald will be a jerk for the sake of proving that he, too, can be a jerk.


30 posted on 11/29/2016 2:04:50 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Vendome

The Donald’s financial holdings will be held in a trust, as ALL personal financials of presidents are.


31 posted on 11/29/2016 2:06:05 PM PST by Delta 21 (Patiently waiting for the jack booted kick at my door.)
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To: Theoria
This one wasn't very creative. He could also argue that the clause precludes Trump from running for public office, as winning would put the contract in an untenable position. Therefore the election is invalid.

The solution is simple. Open the contract and modify it to account for Trump's election.

32 posted on 11/29/2016 2:07:35 PM PST by Cboldt
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To: Theoria

“The contract between GSA and the Trump Organization specifically says that no elected official of the United States government shall be party to, share in, or benefit from the contract,” he says, citing clause 37.19 of the contract.>>>>>>>>>>>>>>>>>>>>>>

Well, well. Schooner is acting in bad faith. The specific clause can easily be re-negotiated in a few days.And who will have standing to vacate the lease via a court order ? I can see the new AG renegotiating this lease clause in good faith, not as Schooner indicates.The specfic clause was not within the parties reasonable contemplation that Trump would be an elected official, but then Trump is not the lessee. A corporation is.A very different kettle of fish
as you will see.


33 posted on 11/29/2016 2:09:21 PM PST by Candor7 ( Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: Theoria

This law professor should get a failing grade. 37.19 has an exception for shareholder of “another entity” if the lease is for the general benefit of the other entity.


34 posted on 11/29/2016 2:10:33 PM PST by Raycpa
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To: Darteaus94025

Brilliant


35 posted on 11/29/2016 2:10:49 PM PST by advertising guy (I cannot wait for the book KILLING O'REILLY)
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To: RetiredNavy
As long as the trump company signing the lease is a public corp

Trump's companies are not publically held. They are a privately owned corporation.

36 posted on 11/29/2016 2:12:11 PM PST by Hugin (Conservatism without Nationalism is a fraud.)
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To: Theoria

Just read it. Don’t see how it applies to Trump.


37 posted on 11/29/2016 2:13:40 PM PST by Sacajaweau
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To: Theoria

The stoopid. It hurts.


38 posted on 11/29/2016 2:13:41 PM PST by Fhios (Fortune favors the bold. Trump is bold.)
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To: Darteaus94025

There ya go!


39 posted on 11/29/2016 2:14:54 PM PST by silverleaf (Age takes a toll: Please have exact change)
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To: Theoria

Forget it Jake, it’s NPR


40 posted on 11/29/2016 2:14:58 PM PST by outpostinmass2
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