A luxury jumbo jet given by Qatar to the Department of Defense, slated for President Donald Trump's use as Air Force One, does not violate constitutional rules against presidential emoluments, legal analyst Andrew Napolitano told Newsmax on Monday.
The retired judge said that the luxury Boeing 747-8 does not constitute a violation of the emoluments clause of the Constitution.
"Well, if this is a gift to the Department of Defense, it's not an emolument to the president," Napolitano explained on "Carl Higbie FRONTLINE."
"The Department of Defense will save $400 million for a jet," Napolitano continued. "But that's what it is. The Department of Defense will save $400 million and allow the president to use it."
Napolitano clarified that while Trump can legally use the jet during his presidency, ownership and use after he leaves office might present different issues.
"What happens after he's president of the United States? Maybe another issue, but while he's in office, of course, he can accept a jet that was donated to the federal government," he noted.
Sources familiar with the situation told ABC News that the Trump administration was preparing to formally accept the aircraft, donated by Qatar's royal family, to serve as the president's official aircraft until near the end of his second term, at which point the jet's ownership will reportedly transfer to the Trump presidential library foundation.
The jet, potentially the most valuable foreign gift ever presented to the United States, was initially expected to be publicly announced during Trump's upcoming trip to Qatar. A senior White House official clarified, however, that no presentation or formal gift-giving would occur during the president's visit.
Trump addressed the planned transaction on social media Sunday, describing it as a "very public and transparent transaction" involving the Department of Defense, according to ABC News.
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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