A Resolution of the California Democratic Party Regarding the President of the United States and the Emoluments Clause of the United States Constitution

RESOLUTION 17-05.41


A Resolution of the California Democratic Party Regarding the President of the United States and the Emoluments Clause of the United States Constitution

WHEREAS Article I, Section 9, of the United States Constitution prohibits officers of the government from receiving foreign emoluments of any kind whatever without the consent of Congress; and

WHEREAS the President of the United States continues to receive foreign emoluments in the form of profits from foreign patrons of hotels and golf courses registered as limited liability corporations in the State of California and other states, some of which patrons may have business or other interests before the President or other members of the Executive Branch, and without Congressional consent; and enforcement of this provision is located in the impeachment power of the United States House of Representatives and also in the Quo Warranto prerogative of the California Attorney General and the jurisdictions of local district attorneys over registered corporations and other business entities to ensure they refrain from exercise of unlawful behavior as specified in the California Code of Civil Procedure, Sections 803 and 811; and

WHEREAS on May 9, 2017, Trump fired the Director of the Federal Bureau of Investigation, James Comey and, on the date of his firing, Director Comey was leading one or more investigations that might have incriminated President Trump and/or his close associates, and regardless of the ultimate outcome of those criminal investigations, President Trump interfered with them by firing Director Comey;

THEREFORE BE IT RESOLVED that the California Democratic Party calls on Democratic and other members of California’s delegation to the United States Congress to introduce Articles of Impeachment against the President of the United States in the House of Representatives and calls on the California Attorney General and relevant local District Attorneys to initiate and execute Quo Warranto proceedings against the President’s corporations registered in California and continuing to receive foreign patronage that results in pecuniary benefit to the President; and

BE IT FURTHER RESOLVED that copies of this resolution be sent to all Democratic and other members of California’s delegation to the United States Congress, the Governor of California, the Attorney General of California, and the Executives and District Attorneys in all California jurisdictions in which corporations and other entities owned by the President of the United States reside.

Author: Ron Birnbaum

Sponsors: Ron Birnbaum, AD51 David Lara, AD 51; Mishna Hernandez, AD51; Lori Gunnell, AD 41; Glenn Glazer, AD 29; Wendy Ruiz, AD 59; Margie Hoyt, AD 66; Forest Harlan, AD 3; Audrey Wong, AD 66; Kacey Carpenter, AD 66; Kari Khoury, AD 13; Monique Svazlian Talon, AD 43; Darrow Sprague, AD 7; Jane Demian, AD 51; Amarnath Ravva, AD 51; Mary Ennis, AD42; Brian Hitchcock, AD 66; Tom Bliss, AD 51; Tina Fredericks, AD41; Jay Ariel Cortez, AD 59; Linda Teach, AD 64; Michael Van Gorder, AD 43; Alex Calleros, AD 43; Dionne Charlotte, AD 43; Frank Higginbotham, AD 43; Amy Champ, AD 5; Gilbert Feliciano, AD 46; Johannes Muenzel, AD 24


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Adopted by the California Democratic Party
At its 2017 Statewide Convention
Sacramento Convention Center

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