The Mercury News

Court ends emoluments suits against Trump

- By Adam Liptak

WASHINGTON >> The Supreme Court on Monday put an end to two lawsuits that had accused former President Donald Trump of violating the Constituti­on’s emoluments clauses by profiting from his hotels and restaurant­s in New York and Washington.

In brief orders, the court wiped out rulings against Trump in the two cases and dismissed them as moot. There were no dissents noted.

The move means that there will be no definitive Supreme Court ruling on the meaning of the two provisions of the Constituti­on concerning emoluments, a term that means compensati­on for labor or services. One provision, the domestic emoluments clause, bars the president from receiving “any other emolument” from the federal government or the states beyond his official compensati­on.

The other provision, the foreign emoluments clause, bars anyone holding a federal “office of profit or trust” from accepting “any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state” without the consent of Congress.

Federal appeals courts in New York and Virginia ruled against Trump on the preliminar­y issue of whether the plaintiffs were entitled to sue the president.

The New York case was brought by Citizens for Responsibi­lity and Ethics in Washington, which represente­d competitor­s of Trump’s businesses that said they had been disadvanta­ged by the payments he received.

Noah Bookbinder, the group’s executive director, said the lawsuit had served a valuable purpose.

“This important litigation made the American people aware for four years of the pervasive corruption that came from a president maintainin­g a global business and taking benefits and payments from foreign and domestic government­s,” Bookbinder said in a statement. “Only Trump losing the presidency and leaving office ended these corrupt constituti­onal violations” and stopped the lawsuits.

The other case was brought by Maryland and the District of Columbia, which accused Trump of violating the Constituti­on by profiting from his Washington hotel.

A third emoluments lawsuit, brought by Democratic members of Congress, was dismissed in February by a federal appeals court in Washington. The Supreme Court declined to hear the case in October.

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