It begins: Top lawyers to sue Trump on grounds he's violating constitution through emoluments clause

[kpete]

babylonsister has more:
http://www.democraticunderground.com/10028518789


Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim


A team of constitutional scholars, Supreme Court litigators and former White House ethics lawyers plan to file suit Monday, part of a barrage...

https://twitter.com/ddiamond/status/823311921499738112

The lawsuit is among a barrage of legal actions against the Trump administration that have been initiated or are being planned by major liberal advocacy organizations. Such suits are among the few outlets they have to challenge the administration now that Republicans are in control of the government.

In the new case, the lawyers argue that a provision in the Constitution known as the Emoluments Clause amounts to a ban on payments from foreign powers like the ones to Mr. Trump’s companies. They cite fears by the framers of the Constitution that United States officials could be corrupted by gifts or payments.

The suit, which will not seek any monetary damages, will ask a federal court in New York to order Mr. Trump to stop taking payments from foreign government entities. Such payments, it says, include those from patrons at Trump hotels and golf courses, as well as loans for his office buildings from certain banks controlled by foreign governments, and leases with tenants like Qatar Airways, a government enterprise.

..................

The legal team filing the lawsuit includes Laurence H. Tribe, a Harvard constitutional scholar; Norman L. Eisen, an Obama administration ethics lawyer; and Erwin Chemerinsky, the dean of the law school at the University of California, Irvine. Among the others are Richard W. Painter, an ethics counsel in the administration of George W. Bush; Mr. Gupta, a Supreme Court litigator who has three cases pending before the court; and Zephyr Teachout, a Fordham University law professor and former congressional candidate who has been studying and writing about the Emoluments Clause for nearly a decade.

Ms. Teachout said the one place of potential concern is a nation like China, which rents space at Trump Tower in New York and is a major lender to an office building in New York that he controls in part.

https://www.nytimes.com/2017/01/22/us/politics/trump-foreign-payments-constitution-lawsuit.html?_r=0&mtrref=t.co&gwh=7B0B1D056B5C5C0C940170AA3C1606B2&gwt=pay

[NightWatcher]

1. He's having a rough couple of days.

I hope the pressure stays on the entire time he's in.

I wonder if we can link Pence to anything. Time to investigate him.

[DK504]

17. These 2 days are going to feel like a vacation.

I am so happy to see this. Can't wait for all hell to break lose.

[KittyWampus]

2. One gentleman on MSNBC commenting worked for Bush. It goes beyond partisanship

[bravenak]

3. He has obviously never read the fucking constitution

[Scurrilous]

4. Let's see how far he gets using alternative facts in a courtroom.

[J_William_Ryan]

5. very good.

“In the new case, the lawyers argue that a provision in the Constitution known as the Emoluments Clause amounts to a ban on payments from foreign powers like the ones to Mr. Trump’s companies. They cite fears by the framers of the Constitution that United States officials could be corrupted by gifts or payments.”

Well-founded, warranted fears.

[machoneman]

26. Go Larry Tribe!

He's our main man! Whatta guy!

[MGKrebs]

6. It's also becoming obvious that he is deranged.

Anyone who would stand up there and tell bald-faced provable lies, and lash out at every little slight, has got to be psychotic. I hope/wish the mainstream press talks about this. And I wish it would be soon, before he nominates a Supreme.
Not sure what the process would be though. Would they have to impeach him for incompetence or something?

[mopinko]

8. presuming that if found guilty in court, they would almost have to impeach.

i am sure the thugs want to get their looting out of the way before he gets the boot, but after saturday, i think those few sane rethuglicans are sweating pretty hard.

worst part about this, tho, since they know that window is gonna close, they are gonna throw all the loot out of it they can before it closes.
dangerous times.

[kennetha]

28. Not really

The Court could order the President to divest himself of his offending entanglements.

If he did, he would no longer be in violation of the clause

If he refused, the Congress would still not necessarily be compelled to impeach. But it would be quite awkward for them not too.

Not clear whether violation of the clause constitutes a "high crime or misdemeanor."

[wendyb]

10. deranged

It has been obvious forever that he is fucking crazy. That's the elephant in the room, fitting that it is an elephant. His rambling at the CIA from who has been on the cover of Time magazine more to he feels so young and ranting about the crowds. He's about to destroy America, throw us all into a tailspin of economic depression where countless people will lose their lives because a deranged man is now the most powerful person in the world. I am terrified he will start a war...he asked why we have nuclear weapons if we don't use them.

[dixiegrrrrl]

12. There is a little known way to remove a Pres.

Was reading about it a few weeks ago.

It calls for the Senate to take a vote on removing him, essentially.
Takes a few procedural steps and debate, but it can be done.

just don't forget who is 3rd in line for succession.

It is cited in the Constitution, maybe article 25? That's all I remember.

[uponit7771]

15. +1

[bdamomma]

19. read this article from psychology today K&R

https://www.psychologytoday.com/blog/mood-swings/201610/trumps-temperament-not-narcissistic-not-normal?collection=1098329


K&R

[cstanleytech]

21. Which might explain why they picked him to be President as the Republicans could

easily shift the blame to him for every bill and law they pass like one to abolish social security and if he signs it great they dont have to take the blame and then down the road after he isnt useful they impeach and replace him with the other useful idiot............Pence.

[Ilsa]

27. I wondered if the stress was getting to him, making him crazy,

or if he knows something big is coming, and he's trying to get out of being president, or if the knowledge that they are coming for him is makjng him more crazy.

[cilla4progress]

7. Thank you!!!!!

[BSdetect]

9. K&R

[ProudLib72]

11. And when McConnel

sticks his turtle head out and says, "No!", they can bring those same lawsuits again on Tuesday.

[martigras]

13. This could be a good strategy to keep Rump busy

Sue him for every toe he steps out of line. Sue him so much that he has no time to govern and becomes consumed with his own lawsuits. Fight him with everything we've got.

[Jacob Boehme]

14. This....ah say...this..

...is gonna cause more confusion than a mouse in a burlesque show!

[uponit7771]

16. They have a chance UNLESS congress agrees to the payments. THEN if they DO tie them around

... the neck of Benedict Donald as enablers or... congress can say screw you MiniPootin just quit if he keeps up the bullshit

[machoneman]

29. I don't think the Republiscums would do that.

Crafty as they are, they'd rather await what must surely become a Supreme Court test of the emoluments clause. Then if the Supremes agree he must stop, then they'd have solid ground to remove him based upon violations of the Constitution upheld by out highest court.

[bucolic_frolic]

18. Boom!

Best of luck to them, can they prove it from his tax returns?

[joanbarnes]

20. Lock Him Up!

[keithbvadu2]

22. Trump started his Presidency by lying before God with his hand on the Bible.

Trump started his Presidency by lying before God with his hand on the Bible.

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."

Emoluments

[lindysalsagal]

23. He's never heard the word no. He doesn't believe he ever will.

I may have to follow him to really enjoy his reactions to these suits.

He'll HAVE to quit "his job" just to have enough time to defend himself!

Yessssssss!!!!!!!!!!!


I wonder how many of his lawyers are ready to risk prison to commit treason on his behalf???

What about Rinse Preenis?

LYin' Ryan?

Watch for stories about his lawyers walking out.

[UTUSN]

24. K&R

[Rosco T.]

25. He'll just declare himself immune from such 'trivial' 'fake news' things..

and Beau' Sessions will do his bidding.

[HoneyBadger]

30. It would be interesting to see the total amount of foreign payments that he received

But unless they are paying much more than a typical client, it does not do much good. And the thing is that he could resolve the issue in a second by charging them nothing. Meaning he no longer receives "payments". Or taking "payment" in some instrument that has been appraised at a value of "nothing". For instance a lease on a property overseas for which they charge $0. Barter.