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Former White House lawyers, diplomatic protocol officers and foreign affairs experts have told the Guardian that Donald Trump’s receipt of overseas gifts and targeted investments are “unprecedented”, as the White House remakes US foreign policy under a pay-for-access code that eclipses past administrations with characteristic Trumpian excess.
The openness to foreign largesse was on full display this week as the US president was feted in the Gulf states during his first major diplomatic trip abroad this term, inking deals he claimed were worth trillions of dollars and pumping local leaders for investments as he says he remakes US foreign policy to prioritise “America first” – putting aside concerns of human rights or international law for the bottom line of American businesses and taxpayers.
But quite often, the bottom line also has benefited Trump himself. His family’s wealth has ballooned by more than $3bn, according to press estimates, and the reported benefits from cryptocurrencies and other investment deals such as plans for new Trump-branded family properties may be far larger. Deals for billions more have been inked by business associates close to Trump, meaning that their political support for the White House can translate into lucrative contracts abroad.
“When we’re negotiating with other countries, the concern is that our negotiating position will change if someone does a favor or delivers a gift to the president of the United States,” Richard Painter, the chief White House ethics lawyer in the administration of George W Bush, said.
“Whether it’s trying to resolve the Russia-Ukraine war, or the Middle East or anything else. You know the the impression is given that the position of the United States can be swayed and even bought.”
Others argue that the message being sent by the White House is that American foreign policy is being sold to the highest bidder.
“Trump has put a for-sale sign out front of the White House,” said Norm Eisen, the executive director of the legal advocacy group State Democracy Defenders Fund and a White House “ethics czar” and ambassador to the Czech Republic under Barack Obama. “Of course you’re going to see Qatar and UAE as like a bidding war. Qatar says: ‘I’ll give you a $400m plane,’ and the UAE says: ‘Hold my beer, I’ll give your crypto company $2bn.’”
In a particularly eye-catching incident this week, Qatar offered to give the US Department of Defense a $400m Boeing 747-8 that Trump had suggested could be used as Air Force One and then passed on to his presidential library after he leaves office.
The plane has become a lightning rod among US Democrats, and critics have argued it violates the emoluments clause of the constitution that prohibits the president from receiving gifts from foreign entities.
Trump had called the plane a “great gesture” from Qatar and said that it would be “stupid” for him not to accept the gift. A Democratic lawmaker had called the plane a “flying palace”, and even diehard Maga supporters such as the commentators Laura Loomer and Ben Shapiro have criticised it publicly.
Painter suggested that it would be similar to King George III gifting George Washington a copy of the royal stagecoach for his use in office. “You think the founders wouldn’t have considered that a bribe?” he said.
But Gulf states have offered other incentives, including a $2bn investment from a UAE-controlled funds into a Trump-linked stablecoin that could incentivise the president to shape foreign policy in favour of Abu Dhabi.
An advisory sent to congressional Democrats this week and seen by the Guardian said: “President Trump and the Trump family have moved at breakneck speed to profit from a massive crypto scam on the American people.”
The gifts, and in particular the potential gift of a jet, have led to a series of denunciations on Capitol Hill as they seek to build momentum for a legislative push.
“This isn’t America first. This is not what he promised the American people. This is Trump first,” said Chris Murphy, a Democratic senator from Connecticut. “He is willing to put our nation’s security at risk, take unconstitutional bribes, just so he can fly himself and his Mar-a-Lago golf buddies around the world in gold-plated luxury planes gifted to him by foreign governments.”
But is it illegal? As Qatar would give the jet to the Department of Defense, some experts have said that it may not directly violate the emoluments clause or other laws, even if Trump were to make use of the plane while in office.
“Never seen it before,” said Scott Amey, the general counsel of the Project On Government Oversight, a non-profit government watchdog group based in Washington. “Is it allowed? I’m still uncertain.”
Past administrations would have run from the perceived conflicts of interest being welcomed by Trump. The former White House ethics advisers described crises such as when a Gulf state tried to present a Rolex to a national security adviser, or when the Boston Red Sox tried to gift the White House chief of staff a baseball bat signed by all the players (the addressee was forced to pay its estimated market value, said Painter). Eisen said that he forbade Obama from even refinancing the mortgage on his house in Chicago because of his capacities to influence the market.
“The status quo has been saying no, because it’s an actual and apparent conflict of interest, and it could jeopardize our domestic and foreign policies,” said Amey. ”It certainly doesn’t pass the sniff test for a lot of Americans.”
The lavish gifts and other investments come as Trump is reshaping America’s policy in the Middle East, skipping Israel and turning toward the Gulf states in a flurry of deal-making that could benefit both sides handsomely. And Trump’s family and other advisers, such as Steve Witkoff, with interests in the Gulf states are closely involved.
“When the first Trump administration came in, I saw that people in the Gulf said, ‘Finally, an American administration we understand. He sends us his son-in-law to talk to us,’” said Dr F Gregory Gause III of the Middle East Institute, a former professor of international affairs at the Bush School. “It’s a startling change in American norms … the notion that Trump family private business and US government business walk hand in hand is remarkable.”
While potential gifts like a jet cannot be hidden, the potential to move billions of dollars in cryptocurrency secretly has watchdogs, the political opposition and other foreign observers deeply concerned. “We’re talking about billions of dollars, almost infinite money, that can be paid by anyone,” said one senior European diplomat. One little-known China-linked firm with no revenue last year bought $300m of a Trump meme coin this week, raising further concerns of dark foreign money moving into US politics.
Senate Democrats have called for rewriting the Genius Act, Trump-backed legislation that they say would provide for far-too-lax regulation of so-called stablecoins, in order to ban him from benefiting. “If Congress is going to supercharge the use of stablecoins and other cryptocurrencies, it must include safeguards that make it harder for criminals, terrorists, and foreign adversaries to exploit the financial system and put our national security at risk,” said the memo.
The flood of foreign money has left former officials who used to carefully track the giving of gifts and other goods from foreign government infuriated.
The rules can be “annoying and sort of stupid, but it is what separates the good guys from the bad guys, as it relates to corruption and good governance”, said Rufus Gifford, a former head of protocol for the state department, which also tracks gifts to US officials from foreign governments. “And I think that Trump just has no respect for those institutions that have been set up for a very specific purpose, which is to root out corruption.
“It is very, very disturbing that a president of the United States could be in a position to profit off the office in which he holds,” he continued. “And that is, again, something that is never supposed to be able to happen. And it’s really quite extraordinary.”
