re: #181 lawhawk

Who has the power to even litigate the claim. In other words, who has standing?

We’ve seen the problem with this in trying to enforce the Emoluments Clause against Trump despite him openly profiting from it every trip to one of his businesses at taxpayer expense? Congress can’t? Individuals? States? Who exactly would have standing?

That’s not clear, because no one ever thought you’d have someone as boldly corrupt and criminal as Trump to pursue this line of criminality, let alone do so with the complicity of the entire political party backing him.

You would need an overzealous US Attorney to file charges despite the pardon in order to challenge the pardon.

As for the Emoluments Clause, the answer there was always impeachment. The failure to impeach was essentially Congress granting consent under the clause.