Home News Appeals court rejects Trump effort to throw out emoluments case in 9-6 decision

Appeals court rejects Trump effort to throw out emoluments case in 9-6 decision

by Paul Goldberg

A federal appeals court has decided a lawsuit accusing President Trump of violating the emoluments clauses of the Constitution via his ownership of his Washington, D.C. hotel is allowed to continue.

Trump‘s lawyer has has said they will take the case to the Supreme Court. 

The Hill reports a federal appeals court on Thursday ruled against President Trump, refusing to throw out a lawsuit alleging that he’s violated the Constitution’s emoluments clauses.

The decision from the 4th Circuit Court of Appeals keeps the case alive, rejecting the president’s efforts to preserve immunity from the suit, which was filed by the attorneys general from Washington, D.C., and Maryland.

The court did not rule on the merits of the case against Trump.

The majority in the 9-6 decision dismissed his lawyers’ argument that violations of the constitutional provisions are not grounds for a lawsuit.

“Such restraints are positive law, and of course the President must comply with the law,” the majority wrote in the opinion. “The duty to do so, however, is not a uniquely official executive duty of the President, for in the United States, every person — even the President — has a duty to obey the law. The duty to obey these particular laws — the Constitution’s Emoluments Clauses — flows from the President’s status as head of the Executive Branch, but this duty to obey neither constitutes an official executive prerogative nor impedes any official executive function.”
The decision revives the dormant lawsuit against the president.

Trump’s attorney vowed to take the case to the Supreme Court.

“We disagree with the decision of the Fourth Circuit,” Jay Sekulow, the president’s private counsel, said in a statement. “This case is another example of Presidential harassment. We will be seeking review at the Supreme Court.”

The decision comes five months after the case was argued before the circuit court in December.

The full court decided to rehear the case after a three-judge panel sided with the president last year.The D.C. and Maryland attorneys general filed the lawsuit in 2017 accusing Trump of violating the Constitution’s Foreign and Domestic Emoluments Clauses, which were designed to prevent the president and other government officials from receiving money or gifts from other governments in order to curry favor.

Their lawsuit alleged that the president’s vast private business holdings, specifically his hotel in D.C., violated the clauses and put him in “compromising financial entanglements with foreign and domestic governments.”

“President Trump’s continued ownership interest in a global business empire, which renders him deeply enmeshed with a legion of foreign and domestic government actors, violates the Constitution and calls into question the rule of law and the integrity of the country’s political system,” they wrote in the lawsuit.

Share this:

Loading...

Leave a Comment