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The National (Scotland)
The National (Scotland)
National
Steph Brawn

Donald Trump bid to have The Open at Turnberry 'could breach US constitution'

DONALD Trump’s bid to have The Open hosted at his Turnberry golf course could be in breach of the US constitution, experts have suggested. 

Reports this week said senior Whitehall officials have been quizzing bosses at R&A – which organises the event – about whether they would host the golfing major at the South Ayrshire resort in 2028.

The Open has not been held at Turnberry since Trump took ownership of the venue in 2014 despite it having hosted the event numerous times.

Trump has reportedly raised the issue “multiple times” with Keir Starmer, according to The Guardian.

One person with knowledge of the discussions told the paper: “The government is doing everything it can to get close to Trump.”

But US ethics experts have now said any decision by R&A to choose Turnberry as its 2028 venue may break the spirit, if not the letter, of the US constitution’s emoluments clause, which prohibits federal officials from accepting benefits from foreign or state governments without congressional approval.

R&A is not owned by the British government, and Downing Street officials have said the decision will ultimately rest with the golf executives.

But R&A have suggested that choosing Turnberry as the 2028 venue would require public investment because the location poses “logistical and commercial challenges”. R&A has said it is conducting “feasibility work” around the issue.

(Image: Niall Carson) Richard Painter, a law professor and former chief White House ethics lawyer from 2005-2007, told the paper: “This apparent pre-condition of government investment, along with the prime minister’s role in trying to influence decisions of R&A about tournament location, looks like sufficient government involvement to meet the meaning of a foreign emolument under the emoluments clause.”

Another expert, Jordan Libowitz at ethics watchdog Crew, said that while conflict of interest laws do not apply to the president, it was still “highly unethical” to use the presidency to benefit your private business.

“If moving the tournament there would result in British government funds being spent at the course, it would likely violate the constitution’s prohibition on foreign emoluments,” Libowitz said.

It comes after Greenpeace UK revealed a large sand artwork on the beach outside the course this week in protest over Trump's ownership.

The UK Government’s apparent attempt to help Trump get The Open hosted at Turnberry comes as public documents in the UK show Trump appears to have taken control of the trust that controls Turnberry in April, after having relinquished any role there in 2017 following his first presidential election.

The public registration document, which states that Trump has the right to exercise “significant control over the activities of a trust and the trustees of that trust”, was filed to Companies House on April 24, six days after a phone call was held between Trump and Starmer.

Last year, the company that operates the course and is run by the US president’s sons Eric Trump and Donald Trump Jr, SLC Turnberry, reported a loss of £1.7 million.  

The R&A has a list of around 10 historic courses it would consider for hosting the Open, including famous venues such as St Andrews.  

Turnberry is on that list, having last hosted the championship in 2009. 

However, golf experts have pointed out that the championship has grown exponentially since then, with the 2009 Open attracting 123,000 people, and the event at Troon last year bringing in more than 250,000 golf fans from around the world. 

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