Reports that President Donald Trump’s administration is expected to receive a luxury jet as a gift from the Qatari royal family have drawn questions and criticism from legal experts.
At the core of the concern is the foreign emoluments clause of the Constitution, which prevents a person in a government office from accepting gifts or benefits from foreign parties without congressional consent.
“This definitely violates the foreign emoluments clause unless Congress gives consent,” Richard Painter, the former chief White House ethics lawyer in the George W. Bush administration and a professor of corporate law at the University of Minnesota, told Business Insider.
“The fact that the plane goes to his presidential library after four years does not change that.”
The gift from Qatar, a Boeing 747-8 jumbo jet, will be used as the new Air Force One, multiple outlets reported on Sunday, citing anonymous sources. It will be donated to Trump’s presidential library when he leaves office. A new 747-8 costs about $400 million.
Trump appeared to confirm the reports in a Truth Social post on Sunday night.
“So the fact that the Defense Department is getting a GIFT, FREE OF CHARGE, of a 747 aircraft to replace the 40 year old Air Force One, temporarily, in a very public and transparent transaction, so bothers the Crooked Democrats that they insist we pay, TOP DOLLAR, for the plane,” Trump wrote.
Ali Al-Ansari, Qatar’s media attaché to the US, told BI in a statement that the transfer of an aircraft for temporary use as Air Force One is “currently under consideration.” The matter “remains under review by the respective legal departments, and no decision has been made,” Al-Ansari said.
Boeing did not respond to a request for comment from BI.
An ‘unprecedented’ gift
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Jessica Levinson, a law professor and the director of the Public Service Institute at Loyola Law School, said that in addition to the foreign emoluments clause, federal statutes, such as the Foreign Gifts and Decorations Act and anti-bribery laws, may come into play.
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“Outside of the legal context, it is fair to ask whether the acceptance of this gift could give rise to an apparent conflict of interest or corruption,” she told BI.
Karoline Leavitt, the White House press secretary, told BI in a statement that any gift from a foreign government is “always accepted in full compliance with all applicable laws.”
Levinson also pointed to the size of the gift.
“Perhaps the most important thing to remember is that the acceptance of a gift of this size from a foreign government is unprecedented in our nation’s history,” Levinson added. “Hence we do not have any direct historical analogs for this situation.”
When asked about the legal mechanisms for addressing a violation of the foreign emoluments clause, Painter pointed to Congress.
“Investigation and possible impeachment is one remedy, but that’s up to Congress,” Painter said.
US politicians react
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The reports drew criticism online from some leading US Democrats and at least one far-right activist with close ties to Trump.
“Nothing says ‘America First’ like Air Force One, brought to you by Qatar. It’s not just bribery, it’s premium foreign influence with extra legroom,” Senate minority leader Chuck Schumer wrote on Facebook.
Democratic Rep. Adam Schiff quoted part of the foreign emoluments clause in a post on X, and wrote, “Seems pretty clear that a $400 million ‘air palace’ from a foreign emir qualifies. The corruption is brazen.”
Democratic Rep. Jamie Raskin also took to X to criticize the gift.
“Trump must seek Congress’ consent to take this $300 million gift from Qatar. The Constitution is perfectly clear: no present ‘of any kind whatever’ from a foreign state without Congressional permission. A gift you use for four years and then deposit in your library is still a gift (and a grift),” Raskin wrote.
Laura Loomer, a far-right activist with direct ties to Trump, also took to social media to criticize news of the gift.
“This is really going to be such a stain on the admin if this is true. And I say that as someone who would take a bullet for Trump,” Loomer wrote on X.
Trump has been putting pressure on Boeing to deliver the next Air Force One, which is behind schedule and over budget.
Boeing was first tapped in 2015 to deliver the two new presidential planes. The delivery was initially set for 2024, then delayed until 2027 or 2028.
Last week, a US Air Force official said Boeing could deliver the new Air Force One jets by 2027, while Trump is still in office.