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BumRushDaShow

(128,979 posts)
Thu Dec 21, 2017, 07:20 PM Dec 2017

Judge dismisses lawsuit alleging Trump violated Constitution

Source: Washington Post

A federal judge dismissed a lawsuit Thursday alleging that President Trump violated the Constitution’s emoluments clause because his hotels and restaurants do business with foreign governments while he is in office.

The plaintiffs argued that because Trump properties rent out hotel rooms and meeting spaces to other governments, the president was violating a constitutional provision that bans the acceptance of foreign emoluments, or gifts from foreign powers.

But Judge George B. Daniels of the Southern District of New York ruled that the plaintiffs, led by the government watchdog group Citizens for Responsibility and Ethics in Washington (CREW), lacked standing to bring such a case, saying it was up to Congress to prevent the president from accepting emoluments.

“As the only political branch with the power to consent to violations of the Foreign Emoluments Clause, Congress is the appropriate body to determine whether, and to what extent, Defendant’s conduct unlawfully infringes on that power,” Daniels wrote in his ruling.

Read more: https://www.washingtonpost.com/politics/judge-dismisses-lawsuit-alleging-trump-violated-constitution/2017/12/21/31011510-e697-11e7-ab50-621fe0588340_story.html



Looks like it is just stating the plaintiffs have no standing and it is up to Congress to determine.
11 replies = new reply since forum marked as read
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Judge dismisses lawsuit alleging Trump violated Constitution (Original Post) BumRushDaShow Dec 2017 OP
i.e. it is congress job to do this, but since our congress is owned by Putin, they cant. Eliot Rosewater Dec 2017 #1
Seems to suggest an impeachable offense. BumRushDaShow Dec 2017 #2
yes, the only way that will happen is if Dems take back congress. the only way. I have riversedge Dec 2017 #5
It seems to be unfair competition C_U_L8R Dec 2017 #3
It hasn't been a year yet. BumRushDaShow Dec 2017 #4
No man is above the law... unless. Exultant Democracy Dec 2017 #6
The court is correct jberryhill Dec 2017 #7
I don't understand. forgotmylogin Dec 2017 #8
The technicality may be whether he divested in it or not BumRushDaShow Dec 2017 #9
This wasn't a ruling on the merits Shrek Dec 2017 #10
"Emoluments" is such a great word FakeNoose Dec 2017 #11

Eliot Rosewater

(31,112 posts)
1. i.e. it is congress job to do this, but since our congress is owned by Putin, they cant.
Thu Dec 21, 2017, 07:21 PM
Dec 2017

The cons are, that is.

riversedge

(70,218 posts)
5. yes, the only way that will happen is if Dems take back congress. the only way. I have
Thu Dec 21, 2017, 07:31 PM
Dec 2017

no hope whatsoever of Republicans doing the right thing.

C_U_L8R

(45,002 posts)
3. It seems to be unfair competition
Thu Dec 21, 2017, 07:26 PM
Dec 2017

I'm surprised every hotel in DC isn't raising a fuss.
They can't grant Presidential favors to their guests.

 

jberryhill

(62,444 posts)
7. The court is correct
Thu Dec 21, 2017, 07:46 PM
Dec 2017

Whether there is a constitutional violation, and what is the correct method of enforcement, are two different things.

This is a good result, because Congress cannot day, “well, that’s up to the courts.”

forgotmylogin

(7,528 posts)
8. I don't understand.
Thu Dec 21, 2017, 08:33 PM
Dec 2017

The President is not supposed to profit from his position.

How can his name being on the sides of buildings not be seen as a "Presidential" business?

They made Jimmy Carter sell his peanut farm, right?

BumRushDaShow

(128,979 posts)
9. The technicality may be whether he divested in it or not
Thu Dec 21, 2017, 08:37 PM
Dec 2017

but seems he has done little of that considering all he has his tiny hands in... But his kids also run parts of the business and theoretically it could be named for them as well (although their behinds are sitting in the government too).

FakeNoose

(32,639 posts)
11. "Emoluments" is such a great word
Fri Dec 22, 2017, 08:10 AM
Dec 2017

I'm certain we'll be hearing a lot more about this next year. It will eventually be included in the articles of impeachment.





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