Toronto Star

Trump’s bid to stay court case denied

Decision paves way for possible probe into his D.C. hotel business

- JONATHAN O’CONNEL, ANN E. MARIMOW AND DAVID A. FAHRENTHOL­D

A federal judge on Friday denied U.S. President Donald Trump’s request to stay a lawsuit alleging he is in violation of the Constituti­on by doing business with foreign government­s.

The decision paves the way for plaintiffs to seek informatio­n from his business as it relates to his D.C. hotel.

U.S. District Judge Peter J. Messitte in Greenbelt, Md., denied the Justice Department’s request that he pause the case in order to allow a higher court to intervene.

And he sharply questioned the president’s position that his business does not improperly accept gifts or payments — called emoluments — as defined by the Constituti­on.

By Trump’s analysis, Messitte wrote, the term emoluments is the subject of such “substantia­l grounds of disagreeme­nt” that payments his business received from foreign government­s could not qualify.

But the judge did not agree: “The Court finds this a dubious propositio­n.”

Messitte ordered the plaintiffs, the attorneys general for D.C. and Maryland, to submit a schedule for discovery — the process of producing evidence for the case — within 20 days.

That decision is subject to appeal.

The judge previously limited discovery to informatio­n related to the president’s D.C. hotel.

Aspokesper­son for the Justice Department did not immediatel­y return a request for comment.

This is the second civil case in which Trump’s business is now subject to discovery, after Trump agreed Tuesday to produce portions of his calendar from 2007 and 2008 in a defamation lawsuit brought by former Apprentice contestant Summer Zervos.

Trump still owns his company, although he says he has stepped back from day-to-day control.

The Trump Organizati­on has held several large events paid for by foreign government­s at Trump’s D.C. hotel and reported about $150,000 in what it called “foreign profits” last year.

The Constituti­on bars federal officials from taking emoluments from any “King, Prince, or Foreign State.”

The original intent had been to stop U.S. ambassador­s overseas — emissaries from a new, poor, fragile country — from being bought off by jewels or payments from wealthy European states.

 ?? EVAN VUCCI THE ASSOCIATED PRESS FILE PHOTO ?? President Donald Trump is joined by his family for the opening of the Trump Internatio­nal Hotel in Washington, D.C., in 2016. Trump says his business does not improperly accept gifts or payments.
EVAN VUCCI THE ASSOCIATED PRESS FILE PHOTO President Donald Trump is joined by his family for the opening of the Trump Internatio­nal Hotel in Washington, D.C., in 2016. Trump says his business does not improperly accept gifts or payments.

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