During an on-the-record meeting with The New York Times staff, President-elect Donald Trump declared that there is no legal need for him to free himself of his international business affairs to avoid conflicts of interest, flatly saying that presidents “can’t have a conflict of interest.” Journalists responded to Trump’s declaration by calling it “Nixonian,” referencing former President Richard Nixon’s comment to journalist David Frost that “when the president does it, that means it is not illegal.”
Times reporters live-tweeted the meeting between Trump and newspaper staff, where he was asked about the numerous conflicts of interest he is facing with his business ties and his plans to turn over his businesses to his children while simultaneously involving them in his White House transition. In his replies, Trump said it’s not necessary for him to put his businesses in any kind of trust and that, as president, he “can’t have a conflict of interest” -- echoing an argument made by former New York City Mayor Rudy Giuliani that financial conflict-of-interest laws don’t apply to the presidency.
Trump on his businesses/conflict q's: “The law's totally on my side, the president can't have a conflict of interest.”
— Maggie Haberman (@maggieNYT) November 22, 2016
Conflicts of interest? Trump says: “If it were up to some people, I would never, ever see my daughter Ivanka again."
— Mike Grynbaum (@grynbaum) November 22, 2016
Trump says “in theory” he could continue signing checks at his company, but he is “phasing that out now” and giving to his kids.
— Maggie Haberman (@maggieNYT) November 22, 2016
“In theory I could run my business perfectly and then run the country perfectly. There's never been a case like this,”he says of his tangles
— Maggie Haberman (@maggieNYT) November 22, 2016
“I'd assumed that you'd have to set up some type of trust or whatever and you don't,” Trump says.But he adds “I would like to do something.”
— Maggie Haberman (@maggieNYT) November 22, 2016
Journalists responded to Trump’s declaration by calling it “Nixonian” in nature, a reference to President Richard Nixon telling David Frost in a May 1977 interview that “when the president does it, that means it is not illegal”:
Nixonian https://t.co/0MAu0YOvxf
— Igor Bobic (@igorbobic) November 22, 2016
This is some Frost/Nixon stuff right here https://t.co/xaK5CmGd3o
— Emily Flitter (@FlitterOnFraud) November 22, 2016
Nixon to David Frost: “Well, when the president does it, that means it is not illegal.” https://t.co/xhTDiQVbC1
— Karen Tumulty (@ktumulty) November 22, 2016
Shades of Nixon, if the president does it, it's not criminal. Law not covering POTUS different from saying POTUS can't have conflict. https://t.co/pyhjpXUa1y
— Ruth Marcus (@RuthMarcus) November 22, 2016
Dark echoes of Nixon: “Well, when the president does it, that means it is not illegal.” https://t.co/PTeS7uqDil https://t.co/LfadKkBY7v
— Tim Mak (@timkmak) November 22, 2016
WWND (what would Nixon do?) https://t.co/aOpSIAyRJC
— Catherine Rampell (@crampell) November 22, 2016
In fact, legal experts across the political spectrum have warned that presidential conflicts of interest of this type “could violate a crucial constitutional protection against corruption and influence by other governments,” specifically the Emoluments Clause of the U.S. Constitution -- “essentially an antibribery rule, which forbids public servants from accepting anything of value from foreign powers without explicit congressional approval.”