Trump Refusing Presidential Pay? Not As Selfless As You Might Think (TWEET/VIDEO)

Since the election I’ve seen articles circulating from alt-right websites praising Donald Trump for refusing to take the presidential salary. Oh, what a magnanimous gesture from him. He is a supposed billionaire, after all, and doesn’t really need the money. Well, not so fast. The devil, as usual, is in the details.

Donald Trump did say that he would forgo the presidential salary if he were elected to the position. He said it first in a Twitter Q and A:

And then later at one of his famous rallies:

“The first thing I’m going to do is tell you that if I’m elected president, I’m accepting no salary, OK? That’s not a big deal for me.”

When did he say that? In October of last year, just a few months after he threw his hat in the Republican primary ring and many months before he actually became the GOP nominee. He hasn’t said anything officially on the subject since. And since we know that he’s already started backtracking on some of the many ridiculous promises he made on the campaign trail, who knows if he actually intends to go through with it?

But say he decides to be more charitable than I’m giving him credit for. As a licensed attorney, I can tell you that not accepting the presidential salary isn’t a choice he gets to make. Why? 3 U.S. Code § 102, which is the federal law that governs how much the Presidential salary is:

“The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties.”

 The key word is bolded: shall. In legalese, shall connotes something that will happen, whether you like it or not. Shall means must. There is no choice. So Donald Trump cannot, by law, refuse the Presidential salary.
What he can do is donate his salary, like John F. Kennedy and Herbert Hoover did before him. He can absolutely do that, and then bask in the praise of his charity. But how would anyone know that he actually did that? Take his word for it?
The only way to actually prove it is for Mr. Trump to do what he’s refused to do for a year: release his tax returns.
You see, the devil is always in the details.
Featured Image via screenshot from YouTube video