The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Have You Ever Seen an Emolument Fly?
From Qatar, with love, a "palace in the sky."
ABC News reports:
In what may be the most valuable gift ever extended to the United States from a foreign government, the Trump administration is preparing to accept a super luxury Boeing 747-8 jumbo jet from the royal family of Qatar -- a gift that is to be available for use by President Donald Trump as the new Air Force One until shortly before he leaves office, at which time ownership of the plane will be transferred to the Trump presidential library foundation, sources familiar with the proposed arrangement told ABC News.
The gift is expected to be announced next week, when Trump visits Qatar on the first foreign trip of his second term, according to sources familiar with the plans.
Trump toured the plane, which is so opulently configured it is known as "a flying palace," while it was parked at the West Palm Beach International Airport in February.
One might think this gift raises legal issues. Administration lawyers apparently have those bases covered:
sources told ABC News that lawyers for the White House counsel's office and the Department of Justice drafted an analysis for Defense Secretary Pete Hegseth concluding that is legal for the Department of Defense to accept the aircraft as a gift and later turn it over to the Trump library, and that it does not violate laws against bribery or the Constitution's prohibition (the emoluments clause) of any U.S. government official accepting gifts "from any King, Prince or foreign State."
Sources told ABC News that Attorney General Pam Bondi and Trump's top White House lawyer David Warrington concluded it would be "legally permissible" for the donation of the aircraft to be conditioned on transferring its ownership to Trump's presidential library before the end of his term, according to sources familiar with their determination. . . .
Both the White House and DOJ concluded that because the gift is not conditioned on any official act, it does not constitute bribery, the sources said. Bondi's legal analysis also says it does not run afoul of the Constitution's prohibition on foreign gifts because the plane is not being given to an individual, but rather to the United States Air Force and, eventually, to the presidential library foundation, the sources said.
One might also think a gift of this sort could raise security concerns, particularly given the Qatari government's efforts to influence U.S. policy (and universities). Apparently such concerns will be addressed when the plane is modified to meet the requirements for presidential use.
According to the story, the plane is to be transferred to the Trump Presidential Library Foundation no later than January 1, 2029, at the federal government's expense. The story estimates the value of the plane at approximately $400 million.
In unrelated news, the Associated Press reported on April 30:
The Trump family company struck a deal Wednesday to build a luxury golf resort in Qatar in a sign it has no plans to hold back from foreign dealmaking during a second Trump administration, despite the danger of a president shaping U.S. public policy for personal financial gain.
The project, which features Trump-branded beachside villas and an 18-hole golf course to be built by a Saudi Arabian company, is the first foreign deal by the Trump Organization since Donald Trump took office and unlike any done in his first term. Back then, he forswore foreign deals in an extraordinary press conference surrounded by stacks of legal documents as he pledged to avoid even the appearance of conflict of interest.
