Trump Administration/Executive Ethics

“In an emergency, the president is able to do a lot of things he normally could not do, but only because he has been designated these powers by Congress in laws such as the National Emergencies Act,” said Sylvia Albert, director of voting and elections at Common Cause, a nonprofit group that advocates for eased ballot access. “But in this case, the Constitution empowers Congress, not the president, to select Election Day. No laws passed by Congress have delegated these powers to the president, even in an emergency, so Congress is the only entity that has the power to change the date of the election.”

“Usually we see a winning president begin to impose ethical restrictions during a transition, but I think this is unprecedented,” said Paul S. Ryan, the vice president for policy and litigation at Common Cause, a nonpartisan government watchdog. “The Biden campaign’s policy is a breath of fresh air after more than three years of a Trump administration that has been mired in conflicts of interest.”

Today, Common Cause filed suit in the U.S. District Court for the District of Columbia challenging President Trump’s July 21 memo ordering the exclusion of undocumented immigrants from the apportionment of seats in Congress. In that memorandum, the President purported to exclude those undocumented immigrants from reapportionment for the first time in our nation’s history, and ordered the Department of Commerce to assist him in that effort, in violation of both the U.S. Constitution and federal statutes. 

The U.S. Constitution enshrines a uniquely American invention: to conduct a Census each ten years to count every person living in the United States of America in order to determine representation in the Congress. Today, counting every person also ensured that $1.5 trillion in federal funding for critical resources like food assistance, medical supplies for COVID-19 recovery, youth programs, and affordable housing is also fairly distributed. Today, President Trump has issued a memorandum ordering the Census Bureau to exclude undocumented immigrants from the apportionment base used to allocate congressional seats following the 2020 Census. 

“Common Cause has no doubt Congress will be able to meet the Court’s clarified standard and will finally see the financial records President Trump has been hiding for years,” said a statement from Common Cause President Karen Hobert Flynn.

“It certainly looks bad and smells bad,” said Aaron Scherb, a spokesperson for Common Cause, a watchdog group whose education arm was also approved for a loan through the program. Members of Congress should not be allowed to vote on bills in which they can personally benefit, he said.