December 9, 2016
President-elect Donald J. Trump
725 5th Avenue
New York, NY 10022
Dear President-elect Trump,
We write to you as a bipartisan group of organizations and individuals, many of whom
specialize in ethical and conflicts of interest issues, including how they relate to constitutional
At the outset, we note that ethics and conflict of interest rules and norms are not partisan
or ideological issues. It has long been understood that these are safeguards to protect the integrity
and credibility of government decisions and actions, and the interests of the American people.
On November 17, 2016, many of us wrote to you to express our concerns about the
conflict of interest issues you would face as president as a result of your current business
enterprises and investment holdings. We urged you to place all of your business assets and
investments into a genuine blind trust or the equivalent.
We are pleased that in your tweet of November 30 you have said you will address
conflict of interest issues. We recognize that you have set December 15 to announce the details
of your plan. In your tweet, you stated that you would remove yourself from all your abusiness
operations.a You and spokesperson Kellyanne Conway also have suggested that you plan to
move the management of your business enterprises to your children.
If taken, this approach will still leave you and your immediate family as the financial
beneficiaries of the businesses, with your family managing them and the business enterprises
entangled with your presidency. This will not solve the real or apparent conflict of interest
problems you face as president.
Instead, we urge you to divest your business enterprises into a true blind trust managed
by an independent trustee having no family relationship with you, or the equivalent, in
accordance with the guidelines of the Ethics in Government Act. The trustee would then dispose
of any business enterprises divested to the trust behind the blind trust wall and would invest the
new assets without any information going to you as to the new holdings. We also urge you to
divest any other investments you may hold into the blind trust or the equivalent.
This is the kind of approach that has been taken by your predecessors for four decades to
protect the integrity of the presidency and the interests of the American people.
By combining your presidency with your family business enterprises, you will create
ongoing conflict of interest and credibility problems for your presidency. Questions will
regularly arise as to whether your domestic and foreign policy positions are being taken on
behalf of the interests of the American people or the financial interests of the Trump family,
which will necessarily diverge on numerous occasions from those of the nation as a whole.
Since your business is a private one and not a public company, furthermore, the
American people will have no way of knowing all of the financial benefits that may come to
your business enterprises from domestic and foreign interests who benefit from your decisions.
Turning your businesses over to your children will not prevent the credibility problems
that will arise when your policy positions appear to have been made to benefit domestic and
foreign interests that have provided financial benefits to the Trump family.
In taking foreign policy positions, furthermore, foreign countries will not be able to tell if
your positions are being taken on behalf of the United States or your business interests. This will
seriously affect the ways in which other countries view the United States and our foreign
policies. It will create the widespread appearance and belief that the way for countries to curry
favor and gain advantageous treatment from the United States is to do business with your
children and the Trump businesses.
Your continued ownership of The Trump Organization also would cause you legal
problems from the day you become president based on the anti-corruption Emoluments Clause of
the Constitution which prevents you from accepting any presents or other financial benefits from
foreign governments and their agents.
The framers included this provision in the Constitution to help ensure that the president
does not have divided loyalties between the interests of the United States and the interests of a
foreign country in carrying out his responsibilities.
Given the world-wide dealings of your businesses, the Emoluments Clause would come
into play in numerous ways.
A Washington Post analysis (November 20, 2016) found that at least 111 Trump
companies have done business in 18 countries and territories throughout the world;
A Washington Post article (November 25, 2016) detailed how your presidency and your
foreign business deals and relationships with foreign governments could become
A New York Times analysis (November 26, 2016) showed that many of your foreign
development ventures involve business partners with close ties to foreign governments;
A New York Times article (December 4, 2016) spelled out the entanglements that exist
between the Trump family, your business empire and those who have interacted with
your family at home and abroad.
We believe you need to act now to ensure that as president you will not have conflicts of
interests or the appearance of such conflicts. It must be clear to all that any domestic and foreign
policy decisions you make are not being influenced by your business arrangements and family
relationships or by your investment holdings, and that the policy decisions of foreign
governments with respect to the United States are not unduly influenced by a desire to curry
favor with you and your family in your business enterprises.
We also believe that you need to take the steps necessary to ensure that your
appointments to the cabinet and the other senior executive branch officials eliminate any
conflicts of interest they may have regarding their financial and business interests, and
Republicans and Democrats called for similar strong measures regarding the Clinton
Foundation if Hillary Clinton were elected president. It is no less important for you to take the
steps set forth in this letter with The Trump Organization now that you will be entering the Oval
We urge you to protect the integrity and credibility of the presidency by divesting your
business interests and investment holdings into a true blind trust with an independent trustee.
Signers of the letter include:
Ambassador (ret.) Norm Eisen, chief White House ethics lawyer, 2009-2011
Richard Painter, chief White House ethics lawyer, 2005-2007
Campaign for Accountability
Arne H. Carlson, Former Governor of Minnesota (R)
Kathleen Clark, Professor of Law, Washington University, Affiliation noted for identification
Center for American Progress
Center for Media and Democracy
Former Rep. Mickey Edwards (R-OK), Former Chairman, House Republican Policy Committee
People For the American Way
Trevor Potter, President, Campaign Legal Center
Project On Government Oversight (POGO)
John Pudner, Executive Director, Take Back Our Republic
The Rootstrikers Project at Demand Progress
Former Rep. Claudine Schneider (R-RI)
Former Rep. John J.H. Schwarz, M.D. (R-MI)
Peter Schweizer, President, Government Accountability Institute
Former Rep. Peter Smith (R-VT)
Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law,
Harvard Law School, Affiliation noted for identification purposes only
Christie Whitman, Former Governor of New Jersey (R)