Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Donald Trump's new Washington hotel 'does not pose conflict of interest'

 ‘The GSA’s legal analysis would get a first-year law student kicked out of law school,’ consumer advocacy group says

Chantal da Silva
Friday 24 March 2017 15:43 EDT
Comments
Critics have long argued the Washington-based Trump International Hotel should be considered a conflict of interest for the US President
Critics have long argued the Washington-based Trump International Hotel should be considered a conflict of interest for the US President (Getty)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Donald Trump’s international hotel in Washington does not violate any federal conflict of interest rules, the US General Services Administration (GSA) has ruled.

The decision comes after weeks of debate over a section in the Trump International Hotel’s lease agreement which stipulates that no elected official of the federal government can take part in the lease.

Since the President’s inauguration, ethics experts have been calling on the agency, which oversees the three-year lease for the Trump International Hotel, to end the rental agreement.

Critics have argued that the five-star hotel, housed in the historic Old Post Office just a few blocks from the White House, should be considered a conflict of interest for Mr Trump because he is both landlord and tenant of the building.

But, in a letter addressed to the President’s son, Donald Trump Jr, the GSA said the Trump Organisation was in “full compliance” with a section of the hotel’s rental agreement that prohibits elected officials from taking part in a lease of federal property.

“To date, most of the review and reporting on Section 37.19 has focused on only a few select words, and reached simplistic ‘black and white’ conclusions regarding the meaning and implications of the clause,” GSA contracting officer Kevin Terry wrote in the letter.

He said the lease is “valid and in full force and effect” because Mr Trump moved his interests in the building to a revocable trust, which is currently being managed by the US President’s sons, Mr Trump Jr and Eric Trump.

Even though the President is the sole beneficiary of that trust, Mr Terry said: “During his time in office, the President will not receive any distributions from the Trust that would have been generated from the hotel.”

Critics say the decision will allow the President to ‘reap the financial benefits of the hotel’ when he leaves the White House
Critics say the decision will allow the President to ‘reap the financial benefits of the hotel’ when he leaves the White House (Getty)

Top Democrats have condemned the decision, dismissing Mr Terry’s explanation as “inadequate”.

“This decision allows profits to be reinvested back into the hotel so Donald Trump can reap the financial benefits when he leaves the White House,” Elijah E Cummings and Peter DeFazio, ranking members of the House Committee on Oversight and Government Reform and the House Committee on Transportation and Infrastructure respectively, said in a joint statement.

“This is exactly what the lease provision was supposed to prevent.”

They said the “new interpretation” of the lease provision renders it “completely meaningless,” adding: “Any elected official can now defy the restriction by following this blueprint.”

Trump pretends to drive a truck as healthcare bill struggles to pass

In his letter, Mr Terry said the Trump International Hotel had “turned a building that had been costing taxpayers millions of dollars per year in a revenue-generating asset”.

“Even prior to actually opening the hotel and generating any revenues, [the tenant] began making payments to GSA under the lease in the amount of $250,000 per month. By the time of the hotel’s official opening, GSA and the taxpayers had already received approximately $5.1 million,” he said.

US consumer advocacy group Public Citizen was quick to condemn the GSA’s decision with a harsh rebuke.

“The GSA’s legal analysis would get a first-year law student kicked out of law school,” the group said in a statement.

“This Alice-in-Wonderland legal reasoning is an affront to the rule of law.” It added: “The operation of the Trump International Hotel just down the street from the White House represents an institutionalisation of cronyism on a scale never seen in American history.”

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in