Breaking: A judge just ruled Dems can sue Trump for allegedly violating Foreign Emoluments Clause.

[Mrs. Overall]

Link to tweet

Zoe Tillman (BuzzFeed)
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MORE non-Kavanaugh news: A judge just ruled that congressional Democrats (Sen. Richard Blumenthal is the lead plaintiff) have standing to sue Trump for allegedly violating the Foreign Emoluments Clause. More soon


More from the Washington Post

A federal judge on Friday gave the go-ahead to a lawsuit filed by 200 congressional Democrats against President Trump alleging that he has violated the Constitution by doing business with foreign governments while in office.

The lawsuit is based on the Constitution’s emoluments clause, which bars presidents from taking payments from foreign states. Trump’s business, which he still owns, has hosted foreign embassy events and visiting foreign officials at its downtown D.C. hotel. The decision opens up yet another legal front for the president, who is now facing an array of inquiries into his business, his campaign and his charity.

Trump is already facing a separate emoluments suit filed by the attorneys general of Washington, D.C. and Maryland that is moving forward. In addition, he is contending with the ongoing special counsel investigation into Russian interference, a lawsuit from the New York Attorney General that alleged “persistently illegal conduct” at his charitable foundation, and a defamation lawsuit brought by former “Apprentice” contestant Summer Zervos.

Read more: https://www.washingtonpost.com/politics/congressional-democrats-lawsuit-alleging-trumps-private-business-is-violating-the-constitution-can-proceed-federal-judge-rules/2018/09/28/0aa3c5dc-bc22-11e8-8792-78719177250f_story.html?utm_term=.091ec57f1aa2

[Roland99]

1. Do the terms "in part" have particular legal meaning?

[mobeau69]

12. It means they're only ruling on part (in this case it's standing).

Other parts could be ruled on later, if necessary. Probably a moot point though.

Note: I think!

[gratuitous]

16. Can't read the whole thing

But Trump probably moved to dismiss the lawsuit on several grounds (among those may have been standing, lack of statutory authority, separation of powers). For now, the judge has denied the motion to dismiss on one or more grounds (I would guess standing), and will allow the lawsuit to proceed while deferring a ruling on the other grounds. The motion to dismiss will continue to hang over the litigation, but for now Trump will probably have to answer the complaint, and the discovery phase of the lawsuit will go forward (including exchange of documents, propounding interrogatories, and depositions).

[Roland99]

19. Works for me!

[Vinca]

2. Not a good week for Dear Leader and he deserves every second of it.

[Eliot Rosewater]

3. Good, cuz soon judges will all be rump putin sycophants

[jpak]

4. Kick

[malaise]

5. This is huge

Rec

[quakerboy]

6. Well, that tears it

Now they will vote k in even if they have to literally hold a gun to the last couple senators heads to get it done.

[ancianita]

7. Yes Yes Yes!!

[diva77]

8. K&R!!!!!!!!!

[janx]

9. This is sort of like "Meanwhile, back at the ranch..." n/t

[Princess Turandot]

10. Here's a link to the opinion:

https://assets.documentcloud.org/documents/4951747/Emoluments-Dc-20180928.pdf

In his discussion, the judge makes mention of President Obama's Nobel Prize. I hope someone shows this to Trump.

Modern Presidents, except for President Trump, have sought advice from the Department of Justice Office of Legal Counsel (“OLC”) prior to accepting potentially covered emoluments. For example, President Kennedy requested an opinion on whether the offer of an “honorary Irish citizenship” would fall within the scope of the Clause. And prior to his acceptance of the Nobel Peace Prize in 2009, President Obama requested an opinion from OLC as to whether accepting the prize would conflict with the Clause. (pg 11)

(Bolding added.)

[peggysue2]

11. More good news!

We're going to win this thing. We're going to cut the cancer out with a very sharp, legal scalpel, followed by a bone saw to grind out then pulverize the disease from the body politic.

Because the Rule of Law is still standing strong. And these suckers have had their day!

[Fullduplexxx]

13. Yay some good news

[Honeycombe8]

14. Hold on thar, pardner! This is goin' to Kavanaugh in the S.Ct. So settle down in the saddle!nt

[Oppaloopa]

15. This needs to be spread all around and put on National news.

[FakeNoose]

17. This is great news, but it also worries me

It opens the door for RWNJs to do the same to our next Democratic President.
Remember what they did to Obama? They tried to put him in a straitjacket.

[UTUSN]

18. K&R

[Hermit-The-Prog]

20. would Kavanaugh rush to recuse himself?

Duh.

Rush to shoehorn a partisan tool onto the Supreme Court, in spite of his being unfit due to lying, temperament, partiality, and probable sexual assaulter, just to protect a lying, sexist, racist, probably treasonous, sexual assaulter in our White House.

The Greedy Old Perverts are a criminal organization.

[benld74]

21. By a thousand cuts

[sakabatou]

22. Better late than never

[Scurrilous]

23. K&R

[libdem4life]

24. Also, I believe a judge ruled recently...

that he must give a deposition in the Summer Zervos assault case that Gloria Allred is helping her bring before the court. His dementia is going to be soaring into the ethers. Investigations coming out all over the place.