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Boosted by jsonstein@masto.deoan.org ("Jeff Sonstein"):
briankrebs@infosec.exchange ("BrianKrebs") wrote:
Somehow I missed this Feb. 5 letter from Public Citizen to the Justice Department's Public Integrity Section, asking why President Trump is soliciting gifts in violation of 18 U.S.C. 201. Hard to argue with the conclusions that it is a violation. But I'd be surprised if this DOJ office still exists.
"Dear Officers,
We ask you to investigate whether President Donald J. Trump has violated 18 U.S.C. § 201, as implemented in 5 C.F.R. §2635, barring the president from soliciting gifts.
Federal law strictly regulates payments to government officials, including gifts. Although the president may receive gifts, he may not “solicit” gifts. These prohibitions begin with the Constitution’s Emoluments Clause and are reiterated in the anti-bribery statute, 18 U.S.C. § 201, and federal regulations, 5 C.F.R. § 2635. Although section 2635.205 lists several exemptions from the prohibition, none exempts soliciting purchases for personal gain.
As the Congressional Research Service has explained:
Under these regulations, the President is expressly exempt from the broad restrictions on receiving or accepting gifts from prohibited sources or gifts given because of his official position, and thus may accept gifts from the general public, even from “prohibited sources,” or gifts given because of his official position, as long as the President does not “solicit or coerce” the offering of gifts from such sources, nor accept a gift in return for an official act. [Emphasis added.]
President Trump’s promotion of a Trump meme appears to violate this prohibition. In a January 17 tweet, also apparently retweeted after January 20, Trump stated: “My NEW Official Trump Meme is HERE! It’s time to celebrate everything we stand for: WINNING! Join my very special Trump Community. GET YOUR $TRUMP NOW. Go to http://gettrumpmemes.com — Have Fun!” On Truth Social, he posted the same content, on January 21, at 6:19 PM.
Trump is the principal owner of the Trump Meme. The website explains that the memes are largely (80 percent) owned by CIC Digital LLC, “an affiliate of The Trump Organization.” CIC Digital is 100% owned by the Donald J Trump Revocable Trust. Donald Trump is the “sole beneficiary” of the revocable trust. Under the question on the website: “Is this an official Trump product?” the website answers: “Yes, this is the only Official Trump Meme, by President Donald J. Trump.”
As to why the public might be interested in sending money, the website explains: “On July 13, 2024, President Trump faced death and came up fighting! With his fist in the air and the iconic battle cry FIGHT FIGHT FIGHT, President Trump showed the world what a LEADER is made of. His strength and courage ignited a movement becoming the most memorable meme of the century. Now, you can get your piece of history. This Trump Meme celebrates a leader who doesn’t back down, no matter the odds. Join the Trump Community – we’re all about fighting for what matters. “Under the Trump meme website’s question, “What is a meme?” the website explains: “Merriam-Webster’s meme noun: 1: an idea, behavior, style, or usage that spreads from person to person within a culture.”
The website states that “Trump Memes . . . are not intended to be, or to be the subject of, an investment opportunity, investment contract, or security of any type.”
Accordingly, a person sending money for a Trump meme is not purchasing a tangible product. Instead, the person receives only a digital receipt (in a blockchain), which is similar to a donor sending a check and receiving digital confirmation that the check was received.
Beyond Trump’s own declaration that the Trump meme is not an investment, other cryptocurrency observers deride memes generally as without value. Former aide Anthony Scaramucci said Trump’s effort demeans broader cryptocurrency efforts, calling it “Idi Amin level corruption.” Another commenter said that the Trump meme “is effectively a ‘for sale’ sign on the White House.” Some, including an author in the Washington Post, characterized this token as a “sh—coin.”
In short, it appears Trump is not soliciting money in exchange for an investment or tangible product (such as a Bible, sports shoes, or a guitar), but soliciting money in exchange for nothing—that is, asking for a gift that will benefit him personally.
Beyond the issue of solicitation, the Constitution (Article 1, Section 9) forbids accepting money (specifically a “present” or “emolument”) or anything of value from any “king, prince, or foreign state.” Because of the nature of a cryptocurrency exchange, it is difficult to know whether foreign state actors are gifting the president by way of purchasing a Trump meme. We urge you to investigate this issue, as well."