The Mercury News

Emoluments suit can go forward.

- By Jonathan O’Connell and David A. Fahrenthol­d

WASHINGTON » A federal judge on Friday denied President Donald Trump’s request to stay a lawsuit alleging he is violating the Constituti­on by doing business with foreign government­s, a decision that paves the way for plaintiffs to seek informatio­n about customers at his District of Columbia hotel.

U.S. District Judge Peter Messitte in Greenbelt, Maryland, denied the Justice Department’s request that he pause the case to allow a higher court to intervene. And Messitte sharply questioned Trump’s position that his business does not improperly accept gifts or payments — called emoluments — as defined by the Constituti­on.

By Trump’s analysis, Messitte wrote, the term emoluments is the subject of such “substantia­l grounds of disagreeme­nt” that payments his business received from foreign government­s could not qualify. The judge did not agree: “The Court finds this a dubious propositio­n.”

Messitte ordered the plaintiffs, the attorneys general for the District and Maryland, to submit a schedule for discovery — the process of producing evidence for the case — within 20 days. That decision is subject to appeal.

The judge has limited discovery to informatio­n related to Trump’s Washington hotel. This is the second civil case in which Trump’s business is now subject to discovery, after he agreed Tuesday to produce portions of his calendar from 2007 and 2008 in a defamation lawsuit brought by former “Apprentice” contestant Summer Zervos.

In his 31-page opinion, Messitte rejected Trump’s argument that this case should be halted so it could be appealed midstream — a request typically granted in extraordin­ary circumstan­ces, where an unresolved legal question makes it hard to go on.

Justice Department attorneys argued the lawsuit should ultimately be dismissed because it was a burden for Trump, distractin­g from his duties as president. The department issued a statement signaling it would appeal again.

“The Department of Justice disagrees with and is disappoint­ed by this ruling,” said spokeswoma­n Kelly Laco. “This case, which should have been dismissed, presents important questions that warrant immediate appellate review.”

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