# Which loopholes is Trump making use of in retaining his business interests? **URL:** \ **Category:** Factual Questions\ **Created:** [December 9, 2016, 6:51am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260 "2016-12-09T06:51:19Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [December 9, 2016, 6:51am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/1 "2016-12-09T06:51:19Z")
Hi I presume Trump’s decision to retain his position as executive producer of the Apprentice has been vetted by constitutional lawyers. My question is which loopholes is he making use of? Which previous modern president has done the same? > **[Trump meets Ohio State victims before latest ‘thank you’ rally](https://nypost.com/2016/12/08/trump-meets-ohio-state-victims-before-latest-thank-you-rally/)** > > DES MOINES, Iowa — In the midst of his cabinet deliberations, President-elect Donald Trump flew to Ohio on Thursday to meet with victims and families after the latest US outbreak of violence, a som… "It was also revealed Thursday that even after Trump moves into the Oval Office, he will retain an executive producer credit on the reality show “Celebrity Apprentice.” " ---
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [December 9, 2016, 6:58am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/2 "2016-12-09T06:58:25Z")
> [@davidmich](#): > > Hi > I presume Trump’s decision to retain his position as executive producer of the Apprentice has been vetted by constitutional lawyers. My question is which loopholes is he making use of? Which previous modern president has done the same? > > [Trump meets Ohio State victims before latest ‘thank you’ rally](http://nypost.com/2016/12/08/trump-meets-ohio-state-victims-before-latest-thank-you-rally/) > "It was also revealed Thursday that even after Trump moves into the Oval Office, he will retain an executive producer credit on the reality show “Celebrity Apprentice.” " > **[Trump to remain executive producer of ‘Celebrity Apprentice’](https://nypost.com/2016/12/08/trump-staying-on-as-executive-producer-of-celebrity-apprentice/)** > > WASHINGTON — Donald Trump isn’t giving up his TV interests just to be president of the United States. The former reality star will remain executive producer of “Celebrity Apprentice” and cont… " But President Obama has been receiving royalties throughout his two terms for his two books, “ Dreams from My Father” and “The Audacity of Hope, which were published before he moved into the White House." ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [December 9, 2016, 7:15am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/3 "2016-12-09T07:15:48Z")
The question is - is an executive producer simply a figurehead title? Or is does the person have to actually do something? It’s one thing to receive royalties for owning part of a concept that was completed years ago, or copyright on a book, etc. If on the other hand he is doing something that resembles ongoing work for hire, then it might be construed as a form of bribery. So, if all they are paying him for is that he helped develop and refine the “Concept” of Apprentice, and therefore is entitled to a share of the profits while it still runs - OK. If he’s actually paid doing work for both NBC and the government - serious conflict of interest. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [December 9, 2016, 7:17am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/4 "2016-12-09T07:17:00Z")
Not quite the same. Copyright in _Dreams of my Father_ is an asset which generates a return for the owner. Receiving royalties for intellectual property rights is no different from receiving patent royalties, or rent for a property that you own, or interest on a bond or a bank deposit that you hold, or dividends on stock that you hold. It doesn’t involve you actually doing anything. But being credited as an executive producer - unless it’s an outright lie - suggests that you are in fact an executive producer, and that _does_ involve doing something. That’s what the word “executive” means, after all. If the credit suggests that Trump is filling the role or office of executive producer, and is currently discharging the duties and functions of that office, and (presumably) being paid to do so. And that would be materially different from simply continuing to receive income from the intellectual property rights arising out of work that you did before becoming President. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [December 9, 2016, 7:24am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/5 "2016-12-09T07:24:47Z")
It’s possible, of course, that the credit is simply a tribute to Trump for his role in creating the show. Occasionally a former executive producer continues to be honored in this way with a continuing credit after he has retired or withdrawn from active involvement. Except, of course, Trump didn’t create the show; Mark Burnett did. So another possibility is that Trump gets a continuing credit simply because the producers like the cachet of having the show be connected with the President of the United States. Which would be pretty skeezy, since the lustre and dignity of the office is not supposed to be exploited for commercial purposes. And it would be very skeezy indeed if Trump were being _paid_ for the executive producer credit, because that would be Trump selling the dignity of his office for personal gain. Which is unthinkable, surely? ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [December 9, 2016, 11:03am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/6 "2016-12-09T11:03:20Z")
Would it be illegal for The Donald to continue to manage his businesses? If not, then no legal or constitutional loophold needed … ---
**Author:** ![Keeve](https://avatars.discourse-cdn.com/v4/letter/k/f07891/32.png) [@Keeve](https://boards.straightdope.com/u/Keeve)\ **Post date:** [December 9, 2016, 11:44am UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/7 "2016-12-09T11:44:46Z")
> [@davidmich](#): > > My question is which loopholes is he making use of? You are presuming that he IS making use of loopholes. Maybe he’s not? Maybe there simply aren’t any laws against what he’s doing? Sure, other people in similar positions have avoided doing this stuff. But were they really legally required to? I am not a lawyer. I have no idea what the law requires here. I’m merely trying to clarify the question, and give the accused a presumption of innocence. ---
**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:** [December 9, 2016, 2:22pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/8 "2016-12-09T14:22:20Z")
> [@watchwolf49](#): > > Would it be illegal for The Donald to continue to manage his businesses? If not, then no legal or constitutional loophold needed … Remember his accusing Clinton of “Pay to play”? Same thing. He’ll be using the office for personal gain. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [December 9, 2016, 2:25pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/9 "2016-12-09T14:25:40Z")
We’ve been through this in a bunch of threads in GD and Elections. While most government employees even up to Cabinet members are required by law to avoid “conflicts of interest” such as owning other businesses related to his or her duties, those laws do not apply to the president or the vice president. Traditionally, the prez and vp have acted as if the laws do apply to them, but they are not required to. No loophole. However… if the president acts in some way that really pisses off the folks in Congress, he or she can be impeached. ---
**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\ **Post date:** [December 9, 2016, 2:34pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/10 "2016-12-09T14:34:47Z")
> [@John\_Mace](#): > > We’ve been through this in a bunch of threads in GD and Elections. While most government employees even up to Cabinet members are required by law to avoid “conflicts of interest” such as owning other businesses related to his or her duties, those laws do not apply to the president or the vice president. > > Traditionally, the prez and vp have acted as if the laws do apply to them, but they are not required to. > > No loophole. > > However… if the president acts in some way that really pisses off the folks in Congress, he or she can be impeached. And if he pisses off the electorate, he can be voted out when his term is up. ---
**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\ **Post date:** [December 9, 2016, 2:38pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/11 "2016-12-09T14:38:23Z")
There are very few restraints on the president come down to it. And Don the Con knows how to fully exploit that, in ways you have yet to imagine. Everybody is about to get schooled, I think! ---
**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\ **Post date:** [December 9, 2016, 2:56pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/12 "2016-12-09T14:56:11Z")
> [@UDS](#): > > It’s possible, of course, that the credit is simply a tribute to Trump for his role in creating the show. Occasionally a former executive producer continues to be honored in this way with a continuing credit after he has retired or withdrawn from active involvement. > > Except, of course, Trump didn’t create the show; Mark Burnett did. So another possibility is that Trump gets a continuing credit simply because the producers like the cachet of having the show be connected with the President of the United States. > > Which would be pretty skeezy, since the lustre and dignity of the office is not supposed to be exploited for commercial purposes. And it would be very skeezy indeed if Trump were being _paid_ for the executive producer credit, because that would be Trump selling the dignity of his office for personal gain. Which is unthinkable, surely? Gernerally once a show gets popular the star gets added as an executive producer. This allows them to get a piece of the show and is negotiated by the star and the actual producers of the show. This allows the star to make more money off of ancillary rights and syndication. Presumably, Trump is still listed as the Executive Producer because he owns a piece of the show. ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [December 9, 2016, 3:13pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/13 "2016-12-09T15:13:17Z")
**Moderator Note** > [@elbows](#): > > Don the Con This is in GQ, so let’s avoid political pot-shots like this. Let’s all stick to the factual aspects of the OP while in GQ. If you feel a need to post your opinions about Donald Trump (or any other political figure), please do so in a more appropriate forum. ---
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [December 9, 2016, 3:49pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/14 "2016-12-09T15:49:08Z")
> [@John\_Mace](#): > > We’ve been through this in a bunch of threads in GD and Elections. While most government employees even up to Cabinet members are required by law to avoid “conflicts of interest” such as owning other businesses related to his or her duties, those laws do not apply to the president or the vice president. > > Traditionally, the prez and vp have acted as if the laws do apply to them, but they are not required to. > > No loophole. > > However… if the president acts in some way that really pisses off the folks in Congress, he or she can be impeached. Thanks John Mace. Trump has also said as much when he told the press that he doesn’t need to give up his business interests as President but would do so for the sake of appearances. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [December 9, 2016, 5:12pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/15 "2016-12-09T17:12:38Z")
> [@davidmich](#): > > Thanks John Mace. Trump has also said as much when he told the press that he doesn’t need to give up his business interests as President but would do so for the sake of appearances. Then why did you start this thread if you knew that? ---
**Author:** ![snoe](https://avatars.discourse-cdn.com/v4/letter/s/43a26b/32.png) [@snoe](https://boards.straightdope.com/u/snoe)\ **Post date:** [December 9, 2016, 5:20pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/16 "2016-12-09T17:20:51Z")
> [@Telemark](#): > > Then why did you start this thread if you knew that? Surely it’s prudent to _verify_ Trump’s claim that this is all legal? As pointed out above, it is an unusual move (or non-move). I’m curious how NBC’s news divisions plan to handle their parent having an ongoing business relationship with the President; the conflict is two-sided. But that’s tangential. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [December 9, 2016, 7:11pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/17 "2016-12-09T19:11:49Z")
> [@puddleglum](#): > > Gernerally once a show gets popular the star gets added as an executive producer. This allows them to get a piece of the show and is negotiated by the star and the actual producers of the show. This allows the star to make more money off of ancillary rights and syndication. Presumably, Trump is still listed as the Executive Producer because he owns a piece of the show. Exactly. Trump helped develop the show to what it is today - “You’re fired” is almost as famous as “I’ll be back”, speaking of Apprentice and hosts. And Executive Producer is just a title that may or may not imply active participation. (IIRC, sometimes prominent financial backers are given the title for a movie also.) ---
**Author:** ![Evan\_Drake](https://avatars.discourse-cdn.com/v4/letter/e/b487fb/32.png) [@Evan\_Drake](https://boards.straightdope.com/u/Evan_Drake)\ **Post date:** [December 9, 2016, 7:38pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/18 "2016-12-09T19:38:05Z")
You mean President Trump’s sole connection to Reality TV, outside his interior self, will be a mean rolling credit as producer ? I’ve been counting the days until I could read of a president _presenting_ live Reality TV. I am disappoint. [It would be a bonus if the advertisements in-between were of the presidential brands. _ **Exclusive** _ to the discerning viewer.] ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [December 9, 2016, 8:28pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/19 "2016-12-09T20:28:45Z")
> [@UDS](#): > > It’s possible, of course, that the credit is simply a tribute to Trump for his role in creating the show. Occasionally a former executive producer continues to be honored in this way with a continuing credit after he has retired or withdrawn from active involvement. Gene Roddenberry received an executive producer credit on _Star Trek: The Next Generation_ for some time after his _death_ - by which time he was presumably not doing a great deal of work on production. ---
**Author:** ![DeptfordX](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@DeptfordX](https://boards.straightdope.com/u/DeptfordX)\ **Post date:** [December 10, 2016, 8:20pm UTC](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260/20 "2016-12-10T20:20:30Z")
It’s entirely possible that he’s doing it because he needs the money. A lot of people think he’s massively leveraged, with debts greater than his assets, quite possibly substantially so. A recent example. [Maybe the Answer Is That He Can’t Divest - TPM – Talking Points Memo](http://talkingpointsmemo.com/edblog/maybe-the-answer-is-that-he-can-t-divest) [Next page](https://boards.straightdope.com/t/which-loopholes-is-trump-making-use-of-in-retaining-his-business-interests/774260.md?page=2)