San Francisco Chronicle - (Sunday)

Judge OKs suit of Trump over foreign payments

- By Katie Benner

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.

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