San Francisco Chronicle - (Sunday)
Judge OKs suit of Trump over foreign payments
WASHINGTON — Congressional Democrats have cleared a key hurdle in their effort to sue President Trump over whether he is illegally profiting from business dealings with foreign governments, in a case that could give the lawmakers access to the Trump Organization’s finances.
Judge Emmet Sullivan of the U.S. District Court in Washington ruled Friday that the lawmakers have standing to sue Trump for accepting payments and other benefits from foreign governments without obtaining permission from Congress, which would violate the Constitution’s clause that bars federal officials from accepting gifts, or emoluments, from foreign powers without congressional approval.
Sullivan dismissed the Justice Department’s claim that the legislators did not have standing to sue and denied its request to dismiss the lawsuit. Trump “has neither asked for their consent nor provided them with any information about the prohibited foreign emoluments he has already allegedly accepted,” Sullivan wrote.
Sullivan said he would decide later whether Trump violated the Constitution’s clause.
“As we argued, we believe this case should be dismissed, and we will continue to defend the president in court,” said a Justice Department spokeswoman, Kelly Laco.
The ruling was a step toward empowering Congress “to hold the president accountable,” said Sen. Richard Blumenthal, D-Conn., who originally filed the lawsuit along with Rep. Jerrold Nadler, D-N.Y. Nearly 200 Democrats joined them.
Blumenthal said the president has violated the clause by collecting trademarks from China, rent paid by foreign governments at his real estate properties worldwide and government approvals for his business dealings.
“This gives Congress an opportunity to invoke our congressional right to make sure that the president is loyal to the U.S. and not to his own pocketbook,” Nadler said.
In a separate emoluments lawsuit, a federal judge in Maryland has ruled that the attorneys general of Maryland and the District of Columbia can sue the president.
Katie Benner is a New York Times writer.