The Palm Beach Post

Broward lawyer drops suit on emoluments against Trump

- By Jane Musgrave Palm Beach Post Staff Writer jmusgrave@pbpost.com ELDER LAW AND ESTATE PLANNING Joseph Karp

WEST PALM BEACH — Recognizin­g that others are already accusing President Donald Trump of running afoul of the U.S. Constituti­on’s emoluments clauses, a Broward County lawyer has dropped his lawsuit that makes similar claims.

“(The) argument is being adequately made by others, and with best wishes for their success,” attorney Patrick Goggins wrote last week, alerting U.S. District Judge Robin Rosenberg he was dropping the lawsuit he filed in July, questionin­g the legality of Trump’s ongoing business dealings.

Rosenberg, a former Palm Beach County circuit judge, closed the case Tuesday.

Her actions came a day before some of the same issues were litigated in a federal court in New York. A liberal watchdog group, Citizens for Responsibi­lity and Ethics in Washington, on Wednesday told U.S. District Judge George Daniels that Trump’s ongoing ties to the Trump Organizati­on violate both the foreign and domestic emoluments clauses.

Attorneys for the U.S. Department of Justice, who represent Trump, have claimed that the emoluments clause was aimed at barring the president from accepting gifts from foreign government­s in his official capacity to curb any possibilit­y for corruption. It was not to address routine business transactio­ns, such as money the Trump Organizati­on earns from foreign visitors staying at its hotels, they claim.

Further, government attorneys claim, the issue is more properly settled by Congress, not in the courts. During the hearing, Daniels questioned why Congress hasn’t taken on the issue, according to a report by Reuters news service.

“They can make this an issue, but they have not done so,” it quoted Daniels as saying. “Why is it appropriat­e for the judiciary to have the president fight this out in a street brawl?”

Goggins’ lawsuit focused on the domestic emoluments clause. The Hollywood constructi­on lawyer claimed the Constituti­on bars presidents from accepting remunerati­on from the federal government or state government­s other than their government salary. He focused on the Trump Organizati­on’s lease with the General Services Administra­tion to operate a hotel in the Old Post Office in Washington.

In its suit, the watchdog group also mentions the Old Post Office as an example of a violation of the emoluments clause. It further points out how Trump’s election to the Oval Office has helped his business. Room rates at the hotel increased after the election, it claims. Further, it points out, the annual membership at Mar-a-Lago, Trump’s private club in Palm Beach, doubled from $100,000 to $200,000.

Other emoluments clause cases are pending against Trump in Washington and Maryland.

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