Long piece: http://www.nytimes.com/2016/12/07/us/politics/trump-organization-ivanka-trump.html?_r=0
Legal opinions:
President-elect Donald J. Trump is considering formally turning over the operational responsibility for his real estate company to his two adult sons, but he intends to keep a stake in the business and resist calls to divest, according to several people briefed on the discussions.
Under a plan now being considered by the Trump family and its lawyers, Ivanka Trump, Mr. Trump’s elder daughter, would also take a leave of absence from the Trump Organization, in the surest sign that she is exploring a potential move to Washington with her husband, Jared Kushner. Mr. Kushner is discussing an as-yet undetermined role advising his father-in-law, and Ms. Trump plans on being an advocate on issues in which she has a personal interest, like child care.
Before deciding how to separate from her father’s business, Ms. Trump is also assessing how to disentangle from her apparel and licensing brands, which are named for her, two people briefed on her plans said. She plans on appointing a president of her company to run the day-to-day operations.
None of the plans have been completed, and it remains uncertain precisely what the president-elect will reveal next week at an expected news conference at which he has said he will discuss “leaving my great business in total in order to fully focus on running the country.”
Aides to Ms. Trump and to Mr. Trump’s transition team declined to comment.
Legal opinions:
Jan W. Baran, a leading Republican ethics lawyer, said that even though the law was clearly on Mr. Trump’s side, there were no easy answers on what he should do about his financial holdings.
If he keeps a stake in his company, persistent questions about whether he is acting in the country’s interest or his business interest will be “unavoidable,” Mr. Baran said.
On the other hand, Mr. Baran said, if Mr. Trump decides to divest, that raises other questions. “Who are you going sell it to?” he said. “Does selling his stake eliminate the ethical issues, or does it compound them?”
There will also be lingering questions related to Mr. Trump’s children, depending on the structure the family settles on for running the company, Mr. Baran added.
As outlined, the plan could leave in place many of the potential conflicts of interest growing out of a real estate and licensing business that spans at least 20 nations, in places like India, Indonesia and Turkey.
Richard W. Painter, who served as the chief White House ethics lawyer under President George W. Bush from 2005 to 2007, and who is planning to police the Trump administration in a role with the watchdog group Citizens for Responsibility and Ethics in Washington, noted that the Emoluments Clause of the Constitution prohibits government officials from accepting gifts and payments from foreign governments or corporations controlled by foreign governments.
Investments or loans from foreign state-controlled financial institutions, even diplomats staying at or hosting events at Trump hotel properties, could run afoul of that clause, Mr. Painter said.
Mr. Trump will also have to take care to ensure that concessions that benefit his company are not construed as a bribe intended to influence official action. Mr. Painter said that even setting aside the legal questions, everything Mr. Trump does will be filtered through the lens of how he stands to benefit financially.
“There are ways to make it work legally, but the appearances are going to be terrible and it’s going to be a four-year ethical challenge,” Mr. Painter said.