Suit over Trump foreign business can go forward
A federal judge Friday gave the go-ahead to a lawsuit filed by 200 congressional Democrats against President Donald Trump alleging he has violated the Constitution by doing business with foreign governments while in office.
The lawsuit is based on the Constitution’s emoluments clause, which bars presidents from taking payments from foreign states.
Trump’s business, which he still owns, has hosted foreign embassy events and visiting foreign officials at its downtown District of Columbia hotel.
The decision opens up yet another legal front for the president, who is now facing an array of inquiries into his business, his campaign and his charity.
Trump is already facing a separate emoluments suit filed by the attorneys general of Washington, District of Columbia, and Maryland that is moving forward.
In addition, he is contending with the ongoing special counsel investigation into Russian interference, a lawsuit from the New York attorney general that alleged “persistently illegal conduct” at his charitable foundation and a defamation lawsuit brought by former “Apprentice” contestant Summer Zervos.
In his ruling, Judge Emmet Sullivan wrote that the members of Congress can seek “relief in federal court” because they have no way to address their concern about Trump’s alleged violation of the emoluments clause with legislation.
“The Clause requires the President to ask Congress before accepting a prohibited foreign emolument,” Sullivan wrote. If the allegations made by Democrats are true, he said, then “the President is accepting prohibited foreign emoluments without asking and without receiving a favorable reply from Congress.”
By not asking Congress, Sullivan said, Trump could have effectively “nullified their votes” — which, he said, meant legislators could seek the unusual remedy of filing a lawsuit against the president.
Although Trump has given up day-to-day management of his businesses, which include residential, office, hotel and golf properties in the United States, Europe and South America, he still owns them and can withdraw money from them at any time.
The foreign emoluments clause prohibits payments from foreign governments, which it says cannot be accepted “without the consent of Congress.”
Some of Trump’s properties benefit from investments or business from foreign governments, particularly his District hotel, which has hosted leaders from Kuwait, Malaysia and other countries.
The president has not asked Congress to approve any transactions with foreign states.
Trump’s attorneys have argued his is not necessary, because the payments he receives through the hotel and other businesses are not emoluments — at least, not by the definition the Founding Fathers would have used.
At the end of the last year, the Trump Organization said it donated $151,470 in February in what it said were profits from foreign government business, but declined to explain how it determined that amount.