In this Feb. 13 photo, banners advertising the high-end Trump-branded toilets made by Shenzhen Trump Industrial Co. are on display at the company's offices in Shenzhen in southern China's Guangdong Province. | AP Photo Feinstein: Trump trademark in China may violate Constitution

A decision by the Chinese government to grant President Donald Trump a trademark for his brand could be a breach of the U.S. Constitution, a senior Democratic senator warned Friday.

“China’s decision to award President Trump with a new trademark allowing him to profit from the use of his name is a clear conflict of interest and deeply troubling,” said Sen. Dianne Feinstein (D-Calif.) in a statement. “If this isn’t a violation of the Emoluments Clause, I don’t know what is.”


The Emoluments Clause of the Constitution prohibits federal officials — including the president — from accepting payments from foreign governments. Trump’s critics have argued that Trump’s opaque and byzantine business network could run afoul of this principle.

“The fact that this decision comes just days after a conversation between President Trump and President Xi Jinping where President Trump reaffirmed the U.S. policy of ‘One China’ is even more disturbing as it gives the obvious impression of a quid pro quo,” said Feinstein, ranking member of theJudiciary Committee.

The Associated Press reported earlier this week that Trump had sought the trademark prior to his presidency; Trump has said he’s turned management of his company over to his two adult sons, Eric and Don Jr.

Feinstein added that Trump’s company has dozens of other trademarks pending and argued foreign governments could use them to influence Trump’s foreign policy decisions. She urged Trump again to fully divest his interests.

"These types of conflicts are exactly what we feared would happen: the president profiting off of his public service," she said.