# Can Quo Warranto cases be brought against Trump's businesses? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [February 13, 2017, 5:58pm UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766 "2017-02-13T17:58:15Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [February 13, 2017, 5:58pm UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766/1 "2017-02-13T17:58:15Z")
I thought about putting this I’m GQ but the answer is probably more complicated than a simple yes or no. [https://thinkprogress.org/how-trump-can-be-held-accountable-for-violating-the-constitution-even-if-congress-doesnt-care-45677e6b85f7#.8htxwahpf](https://thinkprogress.org/how-trump-can-be-held-accountable-for-violating-the-constitution-even-if-congress-doesnt-care-45677e6b85f7#.8htxwahpf) > [@](#): > > State attorneys general have the power to bring actions against corporations, something known as a “Quo Warranto” proceeding, to determine whether the corporations are a conduit for illegal activity. This is known as a corporation acting “ultra vires” or beyond its legal authority. In this case, the proceeding would determine whether Trump’s corporate entities are being used as a conduit for illegal emoluments to Trump ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [February 13, 2017, 8:42pm UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766/2 "2017-02-13T20:42:25Z")
What specific illegal activity is being alleged? And which specific Trump holding is being accused? ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [February 13, 2017, 8:47pm UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766/3 "2017-02-13T20:47:39Z")
> [@madsircool](#): > > What specific illegal activity is being alleged? And which specific Trump holding is being accused? It’s right there in the quote. > [@](#): > > used as a conduit for illegal emoluments to Trump ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [February 13, 2017, 11:31pm UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766/4 "2017-02-13T23:31:08Z")
> [@running\_coach](#): > > It’s right there in the quote. What evidence is there that they are illegal? He has put his businesses in a trust run by his sons. He does appear to be lagging behind in updating some of the paperwork. Even if his empire were in the blindest of trusts, he would still be in a position to benefit from them being profitable, no? ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [February 14, 2017, 12:22am UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766/5 "2017-02-14T00:22:01Z")
> [@madsircool](#): > > What evidence is there that they are illegal? **He has put his businesses in a trust run by his sons.** He does appear to be lagging behind in updating some of the paperwork. Even if his empire were in the blindest of trusts, he would still be in a position to benefit from them being profitable, no? Are you fucking kidding? Do you seriously believe that? Got any cites? ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [February 14, 2017, 4:28am UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766/6 "2017-02-14T04:28:38Z")
I think quo warranto is largely a dead letter these days. If there is reason to believe that a corporation is violating a particular law, then suit can be brought under that statute. Notice that TPM doesn’t cite any instances where it’s been used in a circumstance like this, and searching online shows it to be a weapon in the arsenal of nutters and tax protestors. More substantively, as to the hotel lease, even assuming a breach, it’s not clear that a breach of contract constitutes an exercise of “corporate rights, privileges, or franchises not granted them by law in force in the District of Columbia.” As to the emoluments clauses, even setting aside other problems with the claim, it’s not clear whether any law is broken by paying (as opposed to receiving) an emolument. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [February 14, 2017, 4:44am UTC](https://boards.straightdope.com/t/can-quo-warranto-cases-be-brought-against-trumps-businesses/779766/7 "2017-02-14T04:44:03Z")
> [@madsircool](#): > > He has put his businesses in a trust run by his sons. [Eric Trump Scolds Father That He Mustn’t Inquire About The Businesses, For He’s Sworn Not To Tell](http://www.theonion.com/article/eric-trump-scolds-father-he-mustnt-inquire-about-b-55218) > [@](#): > > “No, Papa, speaking of the shops is simply forbidden!” said the 33-year-old, telling his father that such gossiping about the company was most improper, and what’s more, that it simply would not do to betray the points of honor by discussing pecuniary goings-on. “Need I remind you that we have taken the most sacred of oaths upon this very matter? Why, what would dear grandpapa Frederick think if we were to violate them? So you see, dear father, I musn’t and I shan’t! Indeed, I will stop up my ears with wax before I entertain another syllable of this inquiry.”