Donald Trump, Natalie Harp, Richard Painter, White House
The White House says Trump's $45,000 payment to aide Natalie Harp, equal to 30% of her salary, was a gift. Public domain, US government

Former White House ethics lawyer Richard Painter says Donald Trump may have violated federal law by giving three aides $45,000 (about £33,200) each in cash. Painter, who advised George W. Bush's White House on ethics, told Newsweek the payments could give lawmakers grounds to impeach Trump.

The issue centres on a 1962 federal law, 18 U.S.C. § 209, that bars certain executive-branch federal employees from receiving salary or salary supplements from outside sources as compensation for their government services.

Natalie Harp, Chamberlain Harris, and Margo Martin each reported the $45,000 gifts on their public ethics forms. All three earn $150,000 (about £110,600) a year, so each gift amounts to 30 percent of their annual salary. A 1990 Supreme Court ruling also held that Section 209 did not apply to certain payments made before recipients became government employees, emphasizing the statute's specific requirements.

The White House disputes Painter's interpretation, saying the gifts had nothing to do with the aides' official duties and remained 'entirely permissible under relevant legal and ethical standards,' while noting Trump's history of giving Christmas gifts to people around him.

How the $45,000 Payments Came to Light

Public financial disclosure filers must report gifts totalling more than $480 from any one source during the reporting period, subject to exclusions. Harp, Martin, and Harris each reported receiving $45,000 in holiday cash from Trump on forms covering 2025. Walt Nauta, who runs Oval Office operations, reported a $20,000 holiday gift from the president, worth about £14,700. The administration published the four financial disclosure forms in September 2026.

Painter's argument focuses on who paid the aides before they joined the government. Their forms show previous compensation from Donald J. Trump for President 2024, Inc., Save America or Trump's transition operation.

'Employers and employees don't have gift-giving relationships,' Painter told Newsweek. He argues that when a former boss gives an old employee extra money after they enter government, the payment amounts to salary rather than a gift.

Is a Holiday Gift Different From Pay Under the Law?

Section 209 of the US Code prohibits certain outside payments made as compensation for government service. Whether these gifts fall within the provision depends on their purpose and the recipients' employment status when they received them.

A genuinely personal gift would not necessarily violate Section 209, and the White House states Trump gave the money as personal gifts unrelated to official duties.

Section 216 sets out the penalties for violations of Section 209, including criminal and civil penalties.

Dave Aronberg, a former Palm Beach County state attorney, told Newsweek that the size of the payments raises a genuine legal question, saying a $45,000 gift is 'a lot different from giving someone a Christmas sweater or a bottle of wine.'

He said the key issue is whether Trump gave the money as compensation for government services, with a genuinely personal gift being easier to defend. Nauta received $20,000, about 11 percent of his $175,000 salary, compared to 30 percent for the other three aides.

Painter's view is a legal opinion, not a court ruling, and the aides' financial disclosures were reviewed by ethics officials.

Could Trump Really Be Impeached Over the Gifts?

Painter told Newsweek that both Trump and the recipients could potentially face charges. He said a future Justice Department could generally bring charges within five years, subject to applicable exceptions under federal law.

Impeachment offers a different political route, with the House needing a simple majority to impeach and the Senate a two-thirds majority to remove a president. Republicans hold 218 House seats, compared with 214 for Democrats, while one seat is held by an independent and two remain vacant.

The House impeached Trump twice during his first term, and the Senate acquitted him both times. All 435 House seats will go to voters on 3 November 2026, so any impeachment effort over the gifts would depend on which party controls the House from January 2027.

Painter, who is a law professor at the University of Minnesota, has challenged Trump before and lists himself as counsel in a 2017 lawsuit over foreign payments to Trump's businesses.