In 2012, CRS's position was "The President and all federal officials are restricted by the Constitution, at Article I, Section 9, [C]lause 8 ...." Jack Maskell, CRS, R42662, Gifts to the President of the United States, 4 (Aug. 16, 2012), https://www.fas.org/sgp/crs/misc/R42662.pdf.
In 2016, CRS has issued revised guidance (despite contrary Department of Justice/Office of Legal Counsel authority): the Foreign Emoluments Clause "might technically apply to the President...." Jack Maskell, CRS, Conflict of Interest and “Ethics” Provisions That May Apply to the President, 2 (Nov. 22, 2016) (emphasis added), http://tinyurl.com/joxwq2w.
This is a substantially revised position from an organization which (unlike DOJ/OLC) is not responsible to the President. Jack Maskell and CRS are to be commended for their courage, and for staying abreast of new research and new thinking, as opposed to accepting unsupported conclusory statements issued by the Office of Legal Counsel.
The dam has burst. Those modern scholars and policy wonks who have stated without support that the Foreign Emoluments Clause applies to the President now must defend their position with actual arguments and evidence, as opposed to bluster and group think.
Twitter: https://twitter.com/SethBTillman ( @SethBTillman )
My prior post: Seth Barrett Tillman, How The Recounts Pose A Risk To Mike Pence, The New Reform Club (Nov. 28, 2016, 7:36 AM). [here]