Trump’s Crypto Gamble: Did He Break the Law Promoting “TRUMP” Memecoin?

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By Maxwell Reed

A research group with ties to the government has formally requested that the Department of Justice and the Office of Government Ethics investigate potential breaches of federal regulations concerning gift solicitations by former President Donald Trump.

Public Citizen submitted the request on February 5, focusing on Trump’s recent endorsement of the Official Trump Memecoin (TRUMP), launched the previous month. The complaint alleges that this endorsement could violate federal laws that prohibit government officials from actively seeking gifts.

Ethical Questions and Legal Ramifications

The letter, addressed to John Keller, who leads the DOJ’s Public Integrity Section, and David Huitema, director at the Office of Government Ethics, contends that promoting the TRUMP memecoin could be seen as an unlawful attempt to solicit gifts, in accordance with 18 U.S.C. § 201 and 5 C.F.R. § 2635. The letter points out that while presidents can receive gifts, they are not allowed to actively solicit them.

“Federal law imposes strict limitations on payments to government officials, including gifts. While a president can accept gifts, actively soliciting them is forbidden.”

Public Citizen argues that promoting the TRUMP memecoin, which lacks a tangible product or clear investment value, is an illegal solicitation. The memecoin’s website states that CIC Digital LLC, an entity affiliated with The Trump Organization and controlled by the Donald J. Trump Revocable Trust, primarily holds it.

The website describes the digital asset as a commemorative item rather than an investment, highlighting its symbolic value over any financial benefit. Public Citizen asserts that purchasing the memecoin is essentially equivalent to making a donation, as buyers only receive a digital record of the transaction.

“A contribution in exchange for a Trump Meme is not the acquisition of a physical or tangible item; it is similar to donating money and receiving only digital proof of the gift.”

Concerns Regarding Foreign Involvement

Another concern raised by the organization is the possibility of foreign buyers acquiring the memecoin. Such transactions could violate the Constitution’s Emoluments Clause, which prevents federal officials from accepting gifts or payments from foreign governments without Congressional approval.

Public Citizen cautions that allowing these solicitations to continue without proper oversight could establish a dangerous precedent. This situation might encourage other politicians to circumvent federal ethics guidelines and campaign finance rules.

Some of Trump’s former allies and cryptocurrency analysts have strongly criticized the initiative. A former White House communications director likened the situation to instances of deep-rooted corruption, while a Washington Post columnist dismissed the concept as frivolous.

In its appeal, Public Citizen has urged the DOJ and the Office of Government Ethics to assess whether Trump’s actions violate federal law. If violations are found, the organization recommends halting memecoin sales and ensuring that funds are appropriately returned to purchasers.

Neither the DOJ nor the Office of Government Ethics has publicly commented on the complaint, and Trump’s campaign has not yet responded to the allegations.

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