'The fundamental problem, of course, is one the founders envisioned: They did not want our government officials being paid off by foreign sovereigns. This is why the Constitution has the Emoluments Clause. We also have criminal statutes barring any quid pro quo involving public officials (bribery, solicitation of a bribe or offering of a bribe). Then there is an ethical problem: No president should allow his name to be put on commercial properties in return for payment. The presidency is not a branding opportunity.Then there is the litigation risk -- the president can be sued in his personal capacity and required to testify in depositions and at trial. If Mr. Trump owns his businesses while he is president, it will be a lot easier for plaintiffs’ lawyers to sue him on behalf of customers, counterparties, investors and others, and to require his testimony under oath.'