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BUSINESS Monday 20 august 2018
A25

Justice lawyers try to halt Trump financial records release

to request relevant docu- has said earnings from
ments shortly thereafter.” business activities, includ-
The emoluments clause ing hotel room stays, don’t
has never been fully tested qualify as emoluments. Its
in an American courtroom. attorneys have argued
Two other lawsuits accus- that under Maryland and
ing the president of violat- D.C.’s interpretation, no
ing the emoluments clause federal official would even
are also being heard in oth- be able to own stock from
er federal courts. Neither a foreign company that
has reached the discovery provides profits or collects
stage. Messitte’s ruling last royalties. The case raises
month that an emolument important questions and
“extends to any profit, gain should provide “clarity on
or advantage” was the first the boundaries of what a
time a federal judge had president can do while in
defined the term’s applica- office,” said Ted Boutrous,
tion to the president. a partner at Gibson, Dunn
It is that definition, and the & Crutcher LLP who’s been
argument that the plaintiffs keeping an eye on all the
have suffered actual harm cases, but isn’t involved.
and have a right to sue, “The discovery would be
that the Justice Depart- interesting too,” he added
ment wants reviewed by a with a laugh.q
higher court.

This Dec. 21, 2016 file photo shows the Trump International Hotel at 1100 Pennsylvania Avenue NW, The plaintiffs have argued
in Washington. that Trump — who has de-
Associated Press clined to divest from his as-
By TAMI ABDOLLAH discovery — which would Justice lawyers argued sets as president — is capi-
Associated Press potentially unearth finan- that the “public interest is talizing on the presidency
WASHINGTON (AP) — Jus- cial records such as Trump’s decidedly in favor of a stay and causing harm to busi-
tice Department lawyers income tax returns — Jus- because any discovery nesses trying to compete
asked a federal judge Fri- tice Department lawyers would necessarily be a dis- with his Washington hotel,
day to let them file a legal asked Messitte on Friday to traction to the President’s which is just steps from the
appeal that could, for now, put the case on hold while performance of his consti- White House.
keep President Donald they appeal his decision to tutional duties.” The Justice Department
Trump’s critics from getting a higher court in Richmond, D.C. Attorney General Karl
access to financial records Virginia. Racine responded: “After
related to his Washington, The plaintiffs, the state of winning two major rulings
D.C., hotel. Maryland and the District in this case already, we an- OFFICE SPACE
Trump has been fighting of Columbia, have said ticipated President Trump’s
multiple lawsuits that argue they plan to move forward most recent motion. None-
that foreign representa- quickly with discovery — for theless, our case is still mov- FOR RENT
tives’ spending money at example, seeking informa- ing forward. We are on
the Trump International Ho- tion from the hotel, a Trump track to propose a sched-
tel is a violation of the U.S. hotel steakhouse and the ule for discovery by Sep-
Constitution’s emoluments General Services Adminis- tember 14, and we hope
clause, which bans fed- tration as well as the presi-
eral officials from accept- dent’s financial records.
ing benefits from foreign or In court documents, the
state governments without Justice Department ob-
congressional approval. jected to any discovery on
U.S. District Judge Peter J. a sitting president in his of-
Messitte, who is based in ficial capacity because of
Maryland, ruled last month separation of powers con-
that one of those lawsuits cerns, in order to avoid a
could go forward. “constitutional confronta-
In a sally to prevent the tion” between two branch-
case moving on to legal es of government.

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