Is Qatar’s generous gift too risky? Legal, security considerations of Boeing presented to Trump PHOTO

Numerous notable events took place in the course of US President Donald Trump's multi-day tour of the Gulf, such as historic arms agreements signed, the first meeting of an American and Syrian head of states in decades and the release of a US-Israeli soldier kept hostage for over 500 days by Hamas following negotiations directly led by the US. But one headline has largely eclipsed the rest: Qatar's lavish offer of a private luxuriously outfitted aircraft that formerly belonged to the government. According to Trump administration sources, Qatar gifted a Boeing 747 valued at roughly $400 million, which could temporarily serve as Air Force One while Boeing finishes work on the delayed replacement aircraft. Trump welcomed the gesture and remarked it would be “stupid” not to accept it. Legal scholars, however, cautioned that taking such a gift may breach constitutional law.

The plane would mark the most valuable gift ever given by a foreign government to a US official, according to American media outlet ABC, which is why some lawmakers say its acceptance could directly contravene the US Constitution

When questioned about the plane at a May 12 executive order event, Trump defended the potential acceptance, framing it as a practical measure and criticising Boeing’s delays in fulfilling contracts he renegotiated in his first term. “If we can get a 747 as a contribution to our Defence Department, during a couple of years while they’re [Boeing is] building the other one, I think that’s a very nice gesture [from Qatar],” he said. His administration said it would go to Trump’s presidential library after his term ends.

According to a senior US Justice Department official, cited by Al Jazeera, Attorney General Pam Bondi signed off on a memo from the Office of Legal Counsel that deemed the Defence Department’s acceptance lawful.

Nonetheless, the Qatari media outlet also reported that legal scholars disagree, citing the US Constitution’s emoluments clause, which states: “No Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept… any present, Emolument… from any King, Prince, or foreign State.” Cleveland State University’s David Forte explained that the clause was intended “to prevent foreign nations from gaining improper influence” over American leaders. Some constitutional law experts argue that accepting the aircraft might even be grounds for impeachment. Michael Gerhardt of the University of North Carolina stated it could be seen as “a fully corrupt act.”

During Trump’s first presidency, lawsuits invoking the emoluments clause were filed by Congressional Democrats and attorneys general in Maryland and Washington, D.C., though most were dismissed on technicalities and never received a definitive ruling from the US Supreme Court.

Frank Bowman, an emeritus law professor at the University of Missouri, noted this case is different. Unlike past allegations involving payments to Trump businesses, the article quotes him as highlighting that this plane would be an outright gift, with no reimbursement from Trump or the US government.

Technical configurations are not on par with presidential security

Experts say that even if the plane were accepted, significant security enhancements would be needed. The Qatari aircraft might only be cleared for domestic flights and may need fighter escorts unless costly modifications are made. Security professionals suggest that while upgrades could improve defences, risks would still remain.

According to the Reuters article, it would need encrypted communications, anti-surveillance technology, and missile defence systems to retrofit the aircraft. The expense remains unclear, but Boeing’s current Air Force One project already exceeds $5 billion. Despite being commander-in-chief, Trump cannot compel Air Force pilots to use an unsafe plane, though he could authorize use of the aircraft with limited modifications—accepting significant security risks in doing so.

Experts remain sceptical that temporary measures or escorts would provide adequate protection. “Air Force One is designed to survive extreme threats, even nuclear war,” one former defence official told Reuters. The specialised wiring and systems needed to resist an electromagnetic pulse can’t simply be added later.

Air Force One typically flies without escorting jets thanks to its built-in flares, jammers, and advanced missile warning systems. But the Qatari jet lacks those capabilities, and might require fighter protection, especially if flying abroad.

According to Richard Aboulafia of AeroDynamic Advisory, international travel may be out of the question. “You can’t ensure the same level of safety in foreign airspace or airports,” he said.

Boeing’s colossal delay for new presidential planes

Speculation about the gift had been circulating even before Trump’s Gulf trip began, including reports by The Wall Street Journal that Trump has tasked the defence firm L3Harris, a contractor to Boeing that is currently working on communications systems for the commissioned presidential Air Force Ones, with upgrading the Qatari plane. According to that article, Trump aims to have the aircraft available for use as early as this fall and has been actively tracking its progress.

Meanwhile, Boeing would continue working on the replacement of two aging presidential aircraft with new, highly sophisticated planes designed to function as airborne command and control centers. They had been commissioned under Trump's first term, a $3.9 billion contract and was initially expected to deliver the jets by last year. However, the project has fallen years behind schedule and exceeded its budget by billions due to a combination of supplier delays, engineering and manufacturing issues, and a string of high-profile Boeing aircraft failures. These incidents eroded public trust, triggered contract cancellations, and led to widespread groundings of Boeing planes.

Under Trump’s administration, White House officials also explored the possibility of suing Boeing, other sources said, with Boeing representatives reportedly having informed federal officials in November 2024 that the company would likely be unable to deliver the new planes until approximately 2035—pushing the timeline back by nearly a decade.

By Nazrin Sadigova