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22 Tex. Rev. L. & Pol. 265 (2017-2018)
Ethics in the Executive Branch: The Constitutional, Statutory, and Ethical Issues Faced by the Ethics Advisor to a President Holding Immense Wealth

handle is hein.journals/trlp22 and id is 289 raw text is: 






      ETHICS IN THE EXECUTIVE BRANCH:
   THE CONSTITUTIONAL, STATUTORY, AND
     ETHICAL ISSUES FACED BY THE ETHICS
ADVISOR TO A PRESIDENT HOLDING IMMENSE
                       WEALTH

                   BOBBY R. BURCHFIELD*

INTRODUCTION                   ............................................ 265
I. CONFLICT OF INTEREST STATUTES AND THE CONSTITUTIONAL
  EMOLUMENTS  CLAUSES               ............................. 267
II. WHY NOT LIQUIDATE THE ASSETS OR PLACE THEM IN A BLIND
  TRUST?................................................ 274
III. WHAT IS THE CURRENT STRUCTURE AND How  DOES
   IT WORK?          .............................................. 279
CONCLUSION.............................................. 281


                      INTRODUCTION
  Thank  you  again to the Texas Chapters  of the Federalist
Society for inviting me to participate in your conference here
in Houston.
  In this presentation, I will attempt to answer three questions.
First, what statutory and constitutional provisions govern the
private business holdings of the President of the United States?
Second, why did President Trump not simply liquidate or divest
his holdings, or place them into a blind trust? And finally, what
structure and process did President Trump put in place, and
how does it work?
  In November   2016, the voting public elected the wealthiest
person to hold the Office of President since, perhaps, George
Washington.' Donald J. Trump's holdings are extensive, with a


* Bobby R. Burchfield is a Partner at King & Spalding in Washington, doing trials and
appeals. He currently serves as the Ethics Advisor to the Donald J. Trump Revocable
Trust. By appointment of President George W. Bush, he served on the Antitrust
Modernization Commission and was the General Counsel of President George H. W.
Bush's reelection campaign. He clerked for Judge Ruggero J. Aldisert of the Third

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