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Reason
Reason
Politics
Josh Blackman

Does The Miscellaneous Receipts Act Apply To The President?

There is much uncertainty concerning President Trump's plans with regard to revenue from Venezuelan oil. Now, there is some chatter now whether Trump may violate the Miscellaneous Receipts Act. This law provides, in part, "an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim."

Of course, the chatter has skipped over the threshold question: is the President subject to this statute? Ed Whelan does not resolve this issue in his post:

Whether or not the president is "an official … of the Government" for purposes of this provision, the subordinates who would be taking part in the actual receipt of the money surely are.

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