D.C. Circuit delays congressional Emoluments Clause case in setback to Trump opponents

Le·gal In·sur·rec·tion | 7/22/2019 | Jared Samilow
cv2angels (Posted by) Level 3
Click For Photo: https://legalinsurrection.com/wp-content/uploads/2018/12/Trump-Emoluments-MSNBC-e1545357440160.jpg




Two months ago, Harvard Law Professor and fiercely anti-Trump pundit Laurence Tribe bragged that “it’s the president’s corrupt financial entanglements with foreign governments that I’ve always believed would bring him down in the end.” More recently, Tribe declared that “the Trump strategy of denying, delaying, deflecting, and dissembling while continuing to defy the Constitution has all but run its course and that the chickens are finally coming home to roost.”

It’s happened again, this time with a congressional lawsuit. The NYT reports:

Appeals - Court - Setback - Friday - Lawsuit

A federal appeals court delivered a setback on Friday to a lawsuit by congressional Democrats accusing President Trump of illegally benefiting from his business interests while in office, saying a lower court judge hearing the suit had not adequately considered questions about the separation of powers between the president and Congress.

To get into more detail, a three-judge panel of the D.C. Circuit ruled that the lawsuit presented novel legal questions warranting immediate appellate review and that the trial judge committed plain error in concluding otherwise. The panel consisted of Judges Patricia Millett, Nina Pillard, and Robert Wilkins, all of whom were appointed by President Obama.

Friday - Ruling - Discovery - Months - Panel

Friday’s ruling means that discovery will be delayed for months while the panel decides whether the case can even be heard.

The litigation revolves around the undisputed fact that President Trump’s businesses, particularly the Trump International Hotel in Washington D.C., are being patronized by foreign dignitaries. The Foreign Emoluments Clause, Art. I, § 9, cl. 8, provides:

June - Members - Congress - President - Trump

In June 2017, around 200 Democratic Members of Congress sued President Trump in the D.C. federal district court, claiming that because Congress has not consented to President Trump’s profits from foreign governments, Congress and by extension its Members are being “deprived” of “their ability to vote on which emoluments he, as a federal officeholder, may accept.” The case is Blumenthal v....
(Excerpt) Read more at: Le·gal In·sur·rec·tion
Wake Up To Breaking News!
Settled law: one party can't change a contract. Now if the Government, citizens and the Consstitution...
Sign In or Register to comment.

Welcome to Long Room!

Where The World Finds Its News!