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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