Judge rules emoluments lawsuit can proceed
WASHINGTON» A federal judge ruled that the District of Columbia and Maryland may proceed with an unprecedented lawsuit against President Donald Trump alleging that Trump’s business dealings have violated the Constitution’s ban on receiving “emoluments,” which are improper payments from individual states and foreign governments.
The ruling, by U.S. District Judge Peter Messitte, marks the first time that a lawsuit of this kind has cleared the initial legal hurdle — a finding that the plaintiffs have legal standing to sue President Trump in the first place.
In this case, Messitte found that District of Columbia Attorney General Karl Racine and Maryland Attorney General Brian Frosh, both Democrats, have legal standing to sue Trump over the business of the Trump International Hotel in downtown Washington.
As part of that ruling, Messitte said he rejected an argument previously made by critics of the lawsuit — that, under the Constitution, only Congress may decide if the president has violated this clause.
“In absence of Congressional approval, this Court holds that it may review the actions of the President to determine if they comply with the law,” Messitte wrote.
Messitte’s ruling is likely to be appealed. If it stands, it could allow Racine and Frosh to seek internal documents from the Trump Organization, to determine how much money the hotel has taken in from foreign and state governments.
Messitte’s ruling narrowed the scope of the lawsuit to just the hotel, which has hosted events from several foreign embassies. He said that other Trump businesses — including the Mar-a-Lago Club in Florida — were too far away to have a material impact on the District of Columbia or Maryland.
The Department of Justice — which is representing the president in this case — did not immediately respond to requests for comment.
Although Trump said he gave up day-to-day management of his business while he is in the White House, he still owns his businesses and can withdraw money from them at any time.
A statement from the Trump Organization said, “While the Trump Organization is not a party to the lawsuit, the Court’s decision today does significantly narrow the scope of the case. The Court has yet to rule on several additional arguments, which we believe should result in a complete dismissal.”
Racine and Frosh celebrated the ruling with posts on Twitter: “We won the first round! Our case moves forward!” Frosh wrote in a tweet.
This case was filed last year, one of a raft of lawsuits filed in the months after Trump’s inauguration.
Those clauses were dusty corners of the Constitution, rarely tested in court during 240-plus years of American history. One bars federal officers from taking presents or “emoluments” from foreign governments. The other prohibits presidents from taking side payments from individual states.