On Monday, all three network morning shows eagerly promoted the liberal group Citizens for Responsibility and Ethics in Washington (CREW) filing a lawsuit against President Trump and accusing him of “violating the Constitution.” At the top of NBC’s Today, co-host Matt Lauer proclaimed: “Defendant-in-chief. The new president being formally sued this morning over his hotel and television interests...”
Introducing the report minutes later, substitute co-host Natalie Morales announced: “Controversy is already facing the new administration, including a lawsuit being filed today alleging the President’s business interests violate the Constitution.” Correspondent Hallie Jackson began the segment by hyping: “Less than 72 hours after promising to uphold the Constitution, President Trump getting sued, accused of violating it.”
Jackson briefly noted the liberal leanings of the organization suing Trump: “That's the argument being made today by a group of lawyers and ethics experts, some with Democratic ties...” However, she never informed viewers that CREW had been taken over by longtime Democratic operative David Brock in 2014 and that it had received funding from left-wing billionaire George Soros.
Jackson detailed the allegations in the suit:
[They] say the President is breaking the “emoluments clause”....In plain English, it means no gifts from foreign governments. But the suit claims the President’s getting just that. Leases held by foreign government-owned entities in Trump Tower, bookings at his newest hotel in Washington, other hotel stays, leases, and transactions “tied to foreign governments” at places owned or licensed by Donald Trump, and “payments from foreign-government-owned broadcasters” related to The Apprentice.
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After quickly mentioning the administration countering such claims, Jackson wrapped up the report by warning: “But the President’s critics call that basically lip service, insisting he's not doing nearly enough to make sure the American people can trust him to do what's best for the nation and not simply what's best for his business.”
She then revealed the true motivation for the questionable lawsuit: “Part of the goal of this lawsuit is to force President Trump's hand on his tax returns, which could illuminate any potential conflicts. A recent poll shows 74% of Americans think the President should release those returns, including about 49% of his own supporters.”
In a discussion that followed, Lauer turned to MSNBC chief legal analyst Ari Melber and wondered: “But Hallie just brought up tax returns. Is this a smoke screen? Is this a way to get into evidence released tax returns from President Trump?” Melber enthusiastically replied:
If this suit moves forward, what they will be asking for is anything to actually show what we, the public and journalists, have never seen, which is the full extent of the business. You would look for tax returns, which is a big one and obviously a political story as well, business records, and something we’ve talked about before, who does the trump organization and Donald Trump owe money to? Because if he were to get preferential treatment on a loan, that could be a gift under the Constitution. So it's asking the judge to define all that and stop it if it is a gift.
On ABC’s Good Morning America, co-host George Stephanopoulos touted: “First full week in office, first major lawsuit filed against the President. Dan Abrams here to talk about that as well. This is being filed by these ethics experts this morning.” The partisan nature of the group was ignored.
Abrams explained: “This is about the U.S. Constitution basically saying, in effect, if Trump is able to gain something from foreign leaders staying at his hotels or doing deals with his golf courses, et cetera, that that's a violation of the Constitution.” He then admitted: “What they really want are his tax returns, right? That's what they're really hoping to get as part of this process.”
The hosts hoped the tactic would work:
STEPHANOPOULOS: Right, I mean, the reason – once it goes to discovery, they want to get the tax returns perhaps to find out if there are other sources of foreign funding into the President's businesses.
ABRAMS: Exactly, to determine this question on the emoluments clause. And so, even if this lawsuit doesn't move forward, they're going to be other ones. There'll be a hotel person who works next door to Trump's hotel or something where they’ll say, “We do have standing, and as a result, we should be able to sue.”
ROBIN ROBERTS: But Kellyanne [Conway] made it clear to you that they do not want those –
STEPHANOPOULOS: She said flat out they're not going do it [release Trump’s tax returns].
ROBERTS: They’re not going to do it. But this may be a way to see those tax returns.
CBS This Morning provided the least amount of coverage to the lawsuit, only offering a 25-second brief on the topic in the 8:30 a.m. ET half hour of the program. Co-host Charlie Rose reported:
The New York Times reports on a lawsuit expected to be filed this morning against President Trump. It alleges Mr. Trump is violating the Constitution by allowing his businesses to accept payments from foreign governments. It’s feared American officials could be corrupted by gifts. The President’s son, Eric, says any profits will be sent to the Treasury. The case is being brought by a group including former White House ethics lawyers.
Rose skipped the liberal allegiance of those “ethics lawyers.”
Here is a full transcript of the January 23 report on Today:
7:00 AM ET TEASE:
MATT LAUER: Defendant-in-chief. The new president being formally sued this morning over his hotel and television interests, as another debate swirls around false statements from the President and his spokesperson. Are we entering a new era of what Trump’s own team is calling “alternative facts”?
7:07 AM ET SEGMENT:
NATALIE MORALES: Well, now to politics, and the start of President Donald Trump’s first full week in office. Controversy is already facing the new administration, including a lawsuit being filed today alleging the President’s business interests violate the Constitution. Our political team has in-depth coverage, beginning with NBC’s Hallie Jackson at the White House. Hallie, good morning.
HALLIE JACKSON: Hi, Natalie, good morning to you. And this morning, that lawsuit is set to be filed in district court in New York on the first full weekday of the Trump administration. The President’s team has maintained his business ties don’t present a conflict of interest, but those now suing the President say it is not at all that clear-cut.
[ON-SCREEN HEADLINE: Trump Facing Ethics Lawsuit; Watchdog Group Suing Over Foreign Payments]
JACKSON: Less than 72 hours after promising to uphold the Constitution...
DONALD TRUMP: Preserve, protect, and defend –
JACKSON: ...President Trump getting sued, accused of violating it. That's the argument being made today by a group of lawyers and ethics experts, some with Democratic ties, who say the President is breaking the “emoluments clause.” Embedded in the Constitution, it prohibits government officials from accepting “any present, emolument, office or title of any kind” whatever “from any king, prince or foreign state.” In plain English, it means no gifts from foreign governments. But the suit claims the President’s getting just that. Leases held by foreign government-owned entities in Trump Tower, bookings at his newest hotel in Washington, other hotel stays, leases, and transactions “tied to foreign governments” at places owned or licensed by Donald Trump, and “payments from foreign-government-owned broadcasters” related to The Apprentice.
RICHARD PAINTER [PROFESSOR OF CORPORATE LAW AT UNIV. OF MINNESOTA]: We're very concerned that the President has not addressed this problem, and we believe it's now time for the courts to do so.
JACKSON: An administration aide tells NBC News, “The President has no conflicts.” The attorney advising him preemptively brushing off criticism a news conference this month.
SHERRI DILON: This is not what the Constitution says. Paying for a hotel room is not a gift or a present, and it has nothing to do with an office. It's not an emolument.
JACKSON: Their argument? The President’s not violating the emoluments clause because they believe it does not apply for fair-value exchanges. Even so, they say President Trump will voluntarily donate profits from foreign governments who stay at his hotel to the U.S. Treasury.
DILON: This way it is the American people who will profit.
JACKSON: But the President’s critics call that basically lip service, insisting he's not doing nearly enough to make sure the American people can trust him to do what's best for the nation and not simply what's best for his business.
Part of the goal of this lawsuit is to force President Trump's hand on his tax returns, which could illuminate any potential conflicts. A recent poll shows 74% of Americans think the President should release those returns, including about 49% of his own supporters. Matt, Natalie?
LAUER: Alright, Hallie, thank you very much.
