Melania Trump will be able to continue selling her book, jewelry and collectibles after she returns to the White House — with no legal restrictions on profiting financially as first lady.
The returning first lady has sold her memoir ‘Melania’; NFTs or non-fungible tokens; Christmas decorations; jewellery; and a digital photo collection, continuing her sales pitch even after her husband Donald Trump won a second term.
The Constitution’s Emoluments Clause prohibits an elected official from profiting from his public position. And there is a long list of rules that apply to federal employees and outside financial companies.
But a spouse is not a federal employee. And first lady is an honorary position — it’s not mentioned in the Constitution or federal law — so the rules on emoluments don’t apply.
“As first lady, the ethics rules do not apply because that person is not a government official,” the Office of Government Ethics told DailyMail.com.
Melania Trump’s office did not respond to an inquiry from DailyMail.com about whether she plans to continue her business ventures after Inauguration Day.
In the past, the former first lady has said she would donate some of the proceeds from her sales to charities for foster children, but she has never said how much was given.
Melania Trump with husband Donald Trump on election night
If she continues her sales career, she must ensure that her profits remain separate from her husband.
The lack of rules has angered some ethics activists.
“Because the first lady is not a federal employee, the conflict of interest law does not apply to her. However, if the conflict of interest law were to apply to the president, her financial interests would be imputed to him and could create a conflict of interest,” Walter Shaub, former director of the Office of Government Ethics under President Barack Obama, told DailyMail.com .
“The President is not subject to the Conflict of Interest Act, but the Department of Justice has advised presidents to conduct themselves as if the Conflict of Interest Act applies to them,” he continued.
And some presidents have followed that advice. Although Donald Trump may choose a different option.
When Jill Biden wanted a job outside the East Wing to continue teaching at Northern Virginia Community College, she and the school worked with White House lawyers to ensure she would be paid from a nonprofit fundraising account to to avoid a conflict of conflicts. interest from the state-funded school.
Nancy Reagan, when she was first lady, donated all her royalty payments for films, television and radio to charity.
Melania Trump has released few details about what she plans to do for her second term as first lady.
She has hinted that she might restart her Be Best program. And there are reports that she may be a part-time first lady, splitting her time between the White House and the Trumps’ private homes in New York, where her son Barron is studying, and at Mar-a-Lago in Palm Beach.
She has so far stayed away from the White House, skipping Wednesday’s meeting between Donald Trump and President Joe Biden and declining an offer to meet from Jill Biden.
The only person who can decide to continue her business activities is her. And Melania Trump was an independent operator during her first term in the White House, rarely doing public events and using her East Wing office so sparingly that the staff turned into a gift room.
And while there may be concerns about the image of the first lady of the United States – who has a taxpayer-funded office in the White House – selling her wares online, there isn’t much to stop her.
“Unfortunately, Melania Trump’s husband has all but declared war on government ethics, and a majority of American voters have chosen to support Trump’s corruption,” Shaub said. “If the president and first lady want to be corrupt, there’s no one left to stop them.”
Michelle Obama wrote a book about her White House garden (see above in May 2013), but donated the profits to charity
When Jill Biden decided to keep her job outside of education, the White House Counsel’s office made sure she was paid by a nonprofit, not the state of Virginia.
She could even benefit from her honorary title. Only the presidential seal cannot be used for commercial gain. The White House, the first lady and other presidential items are free play.
“My guess is that the answer is that nothing can stop Mrs. Trump from selling a ‘First Lady in the White House NFT,’” said Demian Brady, vice president of research for the National Taxpayers Union Foundation.
Citizens for Responsibility and Ethics in Washington (CREW) is a watchdog group committed to holding those in power accountable.
But it said it was aware of no law that would prevent Melania Trump from profiting from her role as first lady.
“If anyone else were to sell items that said ‘First Lady’ and ‘White House’ with the First Lady’s likeness, White House counsel would likely send them a defamation letter banning the use of her likeness for commercial purposes. ‘, a spokesperson for the group said in a statement.
“While the abuse of the office of president may be for personal enrichment, we are not aware of any express prohibition that would prevent her from using her own image to sell items that include First Lady and White House.”
First ladies have participated in commercial ventures while at the White House, but they usually donate the proceeds to charity.
As first lady, Michelle Obama wrote ‘American Grown’, a book about her garden in the White House. She donated all proceeds to the National Park Foundation, a nonprofit organization that supports the national park system, including the White House grounds.
Jill Biden donated proceeds from her children’s book ‘Willow the White House Cat’ to charities that support military dogs.
Barbara Bush donated proceeds from ‘Millie’s Book: As Dictated to Barbara Bush’ to a literacy nonprofit.
Melania Trump spent much of her term as first lady raising her son Barron – above is Barron, Melania and then-President Donald Trump in June 2017
Melania Trump sells NFTs on her website
Melania’s memoir is a New York Times bestseller
All the money Melania made as first lady would eventually be revealed to the public.
As president, Donald Trump must regularly issue financial disclosure reports, which also include his wife’s income.
Melania Trump has made millions, his August report showed, from speaking fees, her business ventures, rental income and other income streams.
And her memoir is a New York Times bestseller.