According to Legislative attorney Jack Maskell’s report on August 16th, 2012… “The President and all federal officials are restricted by the Constitution, at Article I, Section 9, clause 8, from receiving any “presents” from foreign governments, kings, or princes, without the consent of the Congress.” “In addition to restrictions on the receipt of gifts, the President is required to publicly disclose personal financial information, including personal gifts over minimal amounts $350 which have been received by him and his immediate family.” “These public disclosure reports are required each May 15th, and upon leaving office, under the provisions of the Ethics in Government Act of 1978, as amended.” "The President and all federal officials are subject to the restrictions of the bribery law at 18 U.S.C. §201(b)(2), prohibiting the receipt of or agreement to receive anything of value “in return for being influenced” in the performance of one’s official duties; and the so-called “illegal gratuities” clause of that statute, 18 U.S.C. §201(c)(1)(B), prohibiting the receipt of anything of value “for or because of” an official act performed or to be performed. The bribery provision requires a “corrupt” bargain or understanding to do some official act in return for something of value (often referred to as a quid pro quo), where the payment was the motivation for the official act; while under the “illegal gratuities” provision, the official act may have been done even without the payment as motivation, but the payment was connected to the act in some way, for example, as a thank-you or other reward (i.e., a “gratuity”). Neither provision is technically a “gift” law, and neither applies merely to gifts given with no demonstrated connection to a particular official act."
Posted on: Tue, 03 Sep 2013 00:00:17 +0000
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