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              Saturday 29 September 2018

            Judge: Democrats in Congress can sue Trump over emoluments





            By  TAMI  ABDOLLAH  and                                                                                             violating  the  emoluments
            STEPHEN BRAUN                                                                                                       clause, but this case is no-
             Associated Press                                                                                                   table  because  the  plain-
            WASHINGTON  (AP)  —  A                                                                                              tiffs  in  this  suit  —  members
            federal  district  judge  in                                                                                        of  Congress  —  are  men-
            Washington  ruled  Friday                                                                                           tioned  in  the  clause  itself.
            that a group of nearly 200                                                                                          The  Democrats’  attorneys
            Democratic  senators  and                                                                                           have  argued  that  Con-
            representatives have  legal                                                                                         gress  not  only  has  a  right
            standing  to  sue  President                                                                                        but  is  required,  as  part  of
            Donald Trump to prove he                                                                                            their  jobs,  to  weigh  in  on
            violated  the  U.S.  Constitu-                                                                                      potential  emoluments  to
            tion’s  emoluments  provi-                                                                                          Trump  such  as  a  $6.5  mil-
            sion  banning  the  accep-                                                                                          lion  condo  purchase  by
            tance  of  gifts  from  foreign                                                                                     the  Qatari  government
            and domestic interests.                                                                                             or  a  Chinese-government
            The   U.S.   District   Court                                                                                       owned  company’s  invest-
            Judge     Emmet     Sullivan                                                                                        ment  in  a  project  that  will
            found that lawmakers have                                                                                           include  a  Trump-branded
            adequately  shown  that                                                                                             hotel and golf course in In-
            they’ve suffered harm from                                                                                          donesia.
            the president’s alleged vio-                                                                                        Justice  Department  law-
            lation  of  the  emoluments   In this June 30, 2018, file photo, aw enforcement officers stand guard in front of the Trump Hotel in   yers argued in court papers
            clause, which prohibit gov-  Washington.                                                                            that  the  Democrats  suing
            ernment  officials  from  ac-                                                                      Associated Press  the  president  are  not  be-
            cepting  benefits  from  for-  July  that  a  similar  lawsuit   not  look  at  the  merits  por-  not  immediately  respond  ing injured by him at all but
            eign governments unless a  against  Trump  filed  by  the   tion  of  the  Justice  Depart-  to a request for comment.  by their colleagues in Con-
            majority  of  both  houses  of  attorneys general for Mary-  ment’s  motion  to  dismiss.  The  case  argues  that  the  gress, who have refused to
            Congress consent.            land and the District of Co-  That comes next.            president   has   received  take  up  the  emoluments
            The  ruling  was  the  second  lumbia could proceed, but   Justice Department spokes-  foreign  government  fa-     issue.  While  the  judge  ac-
            time a federal court judge  only as pertained to earn-    woman  Kelly  Laco  said  in  vors, such as Chinese gov-  knowledged that the case
            has  decided  to  advance  ings from Trump’s Washing-     a  statement  that  the  gov-  ernment  trademarks  for  did raise separation of pow-
            such  unprecedented  con-    ton, D.C., hotel.            ernment believes this case  his  companies,  payments  er concerns, he also noted
            stitutional  lawsuits  against  Sullivan’s  decision  Friday   should  be  dismissed  and  for  hotel  room  stays  and  that “plaintiffs have no ad-
            the  president.  A  federal  only pertained to the issue   “will  continue  to  defend  event-space   rentals   by  equate legislative remedy”
            judge in Maryland ruled in  of  legal  standing  and  did   the President in court.”   representatives  of  Saudi  but can be resolved by the
                                                                      The  lawyers  representing  Arabia  and  Kuwait,  and  judicial  process  by  requir-
                                                                      198  congressional  Demo-    proceeds  from  Chinese  or  ing  the  president  to  ask
                                                                      crats were led by Sen. Rich-  Emirati-linked  government  for  congressional  consent
                                                                      ard  Blumenthal,  a  Con-    purchases  of  office  space  before  accepting  emolu-
                                                                      necticut  Democrat  who,  in Trump Tower.                 ments.
                                                                      along  with  his  colleagues,  Ethics experts say the con-  Sullivan’s  decision  broad-
                                                                      have  argued  that  Trump  stitutional     emoluments  ens the potential legal peril
                                                                      isn’t  letting  them  do  their  clause was created by the  for  Trump  and  his  compa-
                                                                      jobs.  He  praised  Sullivan’s  Founding Fathers to ensure  nies after U.S. District Judge
                                                                      ruling.  “This  is  a  bomb-  that  government  officials  Peter J. Messitte ruled that
                                                                      shell victory enabling us to  act with the interests of the  the  emoluments  clause
                                                                      move  forward  to  hold  the  American  public  in  mind  lawsuit  filed  in  a  Maryland
                                                                      president  accountable  for  instead of their own pock-   federal  court  could  pro-
                                                                      violating  the  chief  corrup-  etbooks.                  ceed  against  Trump.  That
                                                                      tion prohibition in the Unit-  Unlike   prior   presidents,  case,  however,  is  only  lim-
                                                                      ed  States’  Constitution,”  Trump  chose  not  to  di-   ited to earnings Trump has
                                                                      Blumenthal  told  the  AP.  vest  from  his  assets  and  received  from  the  Trump
                                                                      “President Trump has been  he  remains  the  owner  of  International  Hotel,  which
                                                                      violating it repeatedly with  the  Trump  Organization,  a  opened  in  Washington  in
                                                                      impunity  and  now  we  as  sprawling  business  empire  September 2016.
                                                                      members need to hold him  with  550  entities  in  more  In  July,  Messitte  dismissed
                                                                      accountable.”                than  20  countries  that  in-  the  Justice  Department’s
                                                                      The  Democrats’  attorney  clude branded hotels, golf  contention  that  Trump’s
                                                                      Elizabeth  Wydra,  who  is  courses,  licensing  deals  business  activity  such  as
                                                                      president  of  the  nonprofit  and  other  interests.  His  hotel  room  earnings  don’t
                                                                      Constitutional Accountabil-  Washington,  D.C.,  hotel  is  qualify  under  the  con-
                                                                      ity Center and argued the  near the White House and  stitutional      definition   of
                                                                      case in court, said that “by  has become a magnet for  emoluments. The case has
                                                                      recognizing  that  members  foreign  governments,  pre-   moved  to  the  legal  dis-
                                                                      of Congress have standing  viously  hosting  groups  tied  covery  stage.  The  Justice
                                                                      to sue, the court proved to  to  Kuwait,  Bahrain,  Turkey,  Department, however, has
                                                                      all  in  America  today  that  Malaysia and Saudi Arabia.  asked for an appeal in that
                                                                      no  one  is  above  the  law,  The  District  of  Columbia  case  and  for  all  proceed-
                                                                      not even the president.”     case  is  one  of  three  that  ings to halt until an appeals
                                                                      The Trump Organization did  argues  the  president  is  court rules.q
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