Greenbelt, Maryland (CNN) President Donald Trump should not be barred from renting rooms to foreign governments, even those that say publicly say they are doing so to curry the President's favor, a Trump administration attorney argued Monday.

Arguing the emoluments clause of the Constitution is "not a comprehensive conflict of interest" rule, Deputy Assistant Attorney General Brett Shumate told a federal court the President must actually take action favorable to the foreign government -- a quid pro quo, or exchange -- to run afoul of the law.

Trump is not responsible for a foreign official's "unilateral attempt to sow favor," Shumate said.

At one point, federal district judge Peter Messitte asked: "How is that different from bribery?"

Bribery, Shumate said, would require the President to have "some corrupt intent."

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