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Well, today’s the day! We’re expecting the lawsuit promised by almost 200 Democratic members of Congress to be filed against President Trump for violations of the “Foreign Emoluments Clause” of the Constitution. This is on top of another Emoluments Clause lawsuit brought by Maryland and D.C. earlier this week. The general theory is that under the Constitution, the President has an obligation to insulate himself from any foreign influence that would come in the shape of gifts or profits, and that the kinds of profits President Donald Trump receives through his international corporation are precisely the kind that violate such an obligation. In other words, presidents can’t take bribes, and doing business with foreign governments and large foreign companies is something of a bribe per se. Another similar case, CREW v. Donald J. Trump, was filed three days after the inauguration and is currently awaiting a response to Trump’s motion to dismiss in the Southern District of New York (that case is proceeding before Judge Ronnie Abrams, sister of LawNewz founder Dan Abrams).
Trump immediately already brushed off CREW v. Trump as “totally without merit,” and he’s sure to do the same with the one filed today. Both lawsuits likely have long roads ahead, but “totally without merit” is pretty far from accurate.
Refresher - Emoluments - Clause - Article - Section
A quick refresher on the Emoluments Clause. Under Article I, Section 9, it says:
“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.”
Everyone - Opinions - Days - Phenomenon - Very
While everyone has opinions on what does and does not constitute an emolument these days, that’s a relatively new phenomenon. Very few lawyers or judges are Emoluments Clause...
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