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Lawsuit of Trump Conflict of Interest and Emoluments
[link=https://www.nytimes.com/2018/03/28/us/trump-emoluments-lawsuit.html]New York Times[/link]: Lawsuit over Trump Conflict of Interest can go forward
Lawsuit Over Trumps Ties to His Businesses Is Allowed to Advance[/h1]
[blockquote] WASHINGTON A lawsuit accusing President Trump of violating the Constitution by refusing to divorce himself from his businesses cleared a critical hurdle Wednesday when a federal judge in Maryland refused the Justice Departments plea to dismiss it. The decision could allow the plaintiffs to scrutinize the Trump Organizations financial records for payments from foreign entities and others possibly seeking to influence the White House.
In a 47-page order, Judge Peter J. Messitte said he refused to bar the lawsuit filed last year by the District of Columbia and the State of Maryland, rejecting claims that the two jurisdictions had not sufficiently alleged injuries. The suit alleges that Mr. Trump has violated constitutional anti-corruption clauses intended to limit government-bestowed benefits to the president, or emoluments, other than salary.
The emoluments case raises basic questions that have never been litigated. It is neither clear what constitutes an illegal benefit to the president or whether any legal remedy exists if the president accepts one. During a January court hearing, Judge Messitte seemed to acknowledge that the case would be ultimately decided by a higher court than his.
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22 Replies
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[link=https://www.washingtonpost.com/politics/from-mueller-to-stormy-to-emoluments-trumps-business-is-under-siege/2018/03/30/1d128526-337b-11e8-8abc-22a366b72f2d_story.html?utm_term=.c77e05c96aee]Washington Post[/link] : Trump’s businesses under siege
The carefully maintained secrecy around President Trumps finances is under unprecedented assault a year into his presidency, with three different legal teams with different agendas trying to pry open the Trump Organizations books.”
On one side is special counsel Robert Mueller, who has subpoenaed Trump Organization documents as part of his wide-ranging investigation into the 2016 campaign. On another is Stormy Daniels, the adult-film actress seeking internal correspondence as part of her effort to be freed from a nondisclosure agreement centering on an alleged affair with Trump.
And in the most direct assault, the District and Maryland have sued Trump, alleging that he is improperly accepting gifts, or emoluments, from foreign or state governments through his businesses, including his hotels.
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[url=http://thehill.com/homenews/administration/398803-judge-rejects-trump-attempt-to-dismiss-emoluments-clause-lawsuit][size=”0″]Judge rejects Trump attempt to dismiss emoluments clause lawsuit[/url][/size]
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A federal judge on Wednesday rejected [link=http://thehill.com/people/donald-trump]President Trump[/link]’s effort to block a lawsuit accusing him of profiting from doing business with foreign governments in violation of the Constitution.
The state of Maryland and the District of Columbia claim in a lawsuit that Trump is violating the Constitution’s Emoluments Clause, which prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
“The Court determines that Plaintiffs have convincingly argued that the term ’emolument’ in both the Foreign and Domestic Emoluments Clauses, with slight refinements that the Court will address, means any ‘profit,’ ‘gain,’ or ‘advantage’ and that accordingly they have stated claims to the effect that the President, in certain instances, has violated both the Foreign and Domestic Clauses,” Missette wrote.
[url=http://thehill.com/blogs/blog-briefing-room/news/399018-merriam-webster-searches-for-emolument-jump-after-judge-allows]Searches for “emolument” jump after judge lets suit against Trump go forward[/url]-
Another path forward
[link=https://www.washingtonpost.com/blogs/right-turn/wp/2018/08/05/a-democratic-houses-priority-the-foreign-money/?utm_term=.dcb1f3e30175]https://www.washingtonpos…utm_term=.dcb1f3e30175[/link]
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[b]Judge Denies Trump Legal Team Stay Request in Emoluments Case [/b]
A federal judge on Friday denied President Trumps request to stay a lawsuit alleging he is in violation of the Constitution by doing business with foreign governments, a decision that paves the way for plaintiffs to seek information from his business as it relates to his D.C. hotel, the [link=https://www.washingtonpost.com/politics/judge-denies-trumps-request-for-stay-in-emoluments-case/2018/11/02/aa87611c-dec8-11e8-b3f0-62607289efee_story.html?utm_term=.234d52721635]Washington Post[/link] reports.
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Lock him up
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Lock him up with Watters I say! Lock’em both up.
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The Trump family basically views the Office of the Presidency as a way to further their own financial interests.
Deep down inside, the Trumpsters don’t give a damn about all the morons out there wearing MAGA hats who think Trump is fighting for them and for the working class in this country.-
What do the Russians call them? Oh yeah, Useful Idiots. The MAGA believers and the whole Dump family.
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[link=https://www.cnn.com/2018/12/14/politics/trump-emoluments-evidence/index.html]https://www.cnn.com/2018/…ts-evidence/index.html[/link]
Trump lawyers try to halt evidence collection in emoluments case[/h1]
President Donald Trump’s personal lawyers are trying to pause evidence collection in a fight over the constitutionality of the revenue of his Washington hotel, according to a new request to a federal court to stay the case.
Previously, the DC and Maryland lawsuit alleging the President had received illegal gifts through the Trump International Hotel was moving to its discovery phase, with the state attorneys general sending out several subpoenas, including to the Trump Organization. A federal judge had allowed the lawsuit against Trump’s businesses to move forward from the states, though the judge had not ruled on whether to dismiss a lawsuit against the President personally.
Now the Justice Department is also appealing that judge’s ruling to the 4th US Circuit Court of Appeals, giving Trump’s personal legal team a foothold to ask for a pause in the case.
Maryland Attorney General Brian Frosh had some harsh words for the President’s lawyers’ move Friday.”I think they may have violated Lewis Carroll’s copyright on ‘Alice in Wonderland,’ ” he said.
He added that the President’s lawyers are arguing that the “President’s immune from the requirements of the emoluments clause” of the Constitution, an argument he called “absurd.”
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[link=https://www.washingtonpost.com/local/legal-issues/democrats-emoluments-lawsuit-against-president-trump-can-proceed-federal-judge-rules/2019/06/25/73bcc6ac-8b95-11e9-adf3-f70f78c156e8_story.html?utm_term=.175c8d59d979]Judge Sullivan rules House lawsuit over emoluments can proceed[/link]
Next step will of course be the DC Circuit. Trump’s lawyers had tried to get an immediate appeal before Sullivan’s final judgement because providing the documents requested would “interfere” with his busy schedule.
The practical consequencesof the courts orders cannot be overstated, Trump administration lawyers wrote, in asking for a midstream appeal before Sullivans final judgment.
Justice Department lawyers had asked Sullivan to take the unusual step of signing off on an immediate appeal of his earlier rulings because of the exceptional circumstances of the case. Plaintiffs are now poised to seek civil discovery against the President, including into his personal finances and official actions, which will distract the President from his official duties.
Sullivan ordered the two parties to begin the process of requesting records and other information as part of a three-month discovery period from Friday to Sept. 27.
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The Second Circuit has reinstated the emoluments lawsuit against POTUS, which the District Court originally dismissed based on standing.
[link=https://assets.documentcloud.org/documents/6405431/9-13-19-CREW-2nd-Circuit.pdf]Full opinion here[/link] (.pdf file)
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“The decision intensifies a legal threat to Trump over the mixing of his business interests with his authority as president. Unless an expanded panel of judges or the Supreme Court reverses the decision, Trump will be forced to defend his actions and open his business and personal finances to scrutiny.”
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he’s outright proppign up his businesses by being POTUS. look at this fiasco in Scotland.
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[b][i]he’s outright proppign up his businesses by being POTUS. look at this fiasco in Scotland. [/i][/b]
Nice try Dan. Another attempt by the left and dems to spin a story in until the truth comes out. 2015-2019 659 troops stayed in the area. Only 6% stayed at Trump Resort. The resort only charged $130 when the normal charge is $380. Hardly propping up his business. One more point did you see the years it was done?
Started in 2015. Do I need to remind you who was the President when the practice started. In case you forgot. Obama
Read the article. The NYT w its typical trash liberal biased reporting starts out in the first several paragraphs writing as if this is a big scandal. But you have to go way into the article to see exactly how many stayed and what they were charged. Oh and try to find Obama was President when the practice started.
[link=https://www.nytimes.com/2019/09/12/us/politics/trump-turnberry-military.html]https://www.nytimes.com/2…urnberry-military.html[/link] -
It’s more about propping up the airport through refueling … if that airport closes then his resort stands to lose millions.
US has spent millions in re-fuels at Prestwick when it could have been done cheaper at more logistically appropriate US bases.
The resort stays are likely just follow-on by low level officers doing travel arrangements (although that really is bad form since the avoidance of even an appearance of conflict of interest should have guided the decision making )
… we’ll find out for sure once the DOD turns over all the communications and documents on the matter -
The decision to stop at that airport was done by the Obama Administration. Even WaPo wrote that the agreement for landing/staying in Scotland predates the Trump Administration. Also troops are given a per diem rate and they decide where to stay. Trump resort charged only $130 the troops have some extra cash for dinner because other hotels in the area charge more. The biased hack media is trying to spin it into something else.
You guys will find anything and are desperate so you can post something. I’ll bet that if Daniil Medvedev (Russian) had beaten Rafael Nadal in the US open the circle jerk gang on here would be looking for a conspiracy because he is Russian and it happened in NYC where POTUS is from. There would be a call for another investigation and Frumi would start a thread called [b]Trump helps Putin’s tennis star win the US Open. [/b]You all would be posting everything from the replay screen was hacked to the balls he used were different than Nadals and you wouldn’t be happy unless Comey and McCabe were leading the investigation under Jerry Nalder’s guidance. -
True … but it has skyrocketed since 2017. Now reporting $17.2 million in overpriced refuel at Prestwick.
Could be all coincidence … If it is then I’m sure the WH and DOD will promptly comply with document requests on the issue. -
And I’m sure this is just coincidence too 😉
[link=https://lawandcrime.com/high-profile/military-postpones-refueling-deal-with-scottish-airport-amid-investigation-of-serious-conflicts-of-interest/]https://lawandcrime.com/high-profile/military-postpones-refueling-deal-with-scottish-airport-amid-investigation-of-serious-conflicts-of-interest/[/link]
[h3]Military Postpones Refueling Deal with Scottish Airport Amid Investigation of Serious Conflicts of Interest[/h3]
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Walter Shaub, former head of the U.S. Office of Government Ethics:
“It’s not just Turnberry, it’s Prestwick airport. The airport is lagging, and Turnberry is dependent on its success. Routing flights through Prestwick boosts his property. It’s not relevant that DOD had a deal in place before it’s smart to have deals in place all over.
The relevant question is whether the trips increased and whether refueling costs at other locations would be less. Again, we have an ethical culture problem. Trump made a gratuitous detour to Turnberry last year that cost hundreds of thousands of dollars to tout the resort.
Trump tweeted years ago that he’d boost Prestwick and partnered with them, but now denies any connection.
Prestwick is foreign govt-owned. It’s a defense contractor affected by the performance of air crews’ duties, i.e., a prohibited source for gifts. So the gifts these officials took may raise foreign emoluments or gift rule questions that can be avoided by staying elsewhere.
SAF’s claim that {Turnberry is) the best value ignores all of these issues and seems factually implausible.
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Could it all be a big coincidence and simply the [i]appearance[/i]? Sure. Should the practice stop in order to avoid the appearance? Yes. Does it deserve investigation? Absolutely?
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[link=https://thehill.com/homenews/administration/497721-appeals-court-rules-against-trump-on-emoluments-clause]Appeals court rules against Trump on emoluments clause[/link]
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[b]Justices Refuse to Hear Emoluments Case[/b][/h1] [b]
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The Supreme Court on Tuesday declined to take up a case by 29 Senate Democrats who alleged that President Trump violated the Constitutions Emoluments Clause, which prohibits self-dealing by federal officeholders, [link=https://thehill.com/regulation/court-battles/520745-supreme-court-declines-to-hear-democrats-emoluments-case-against]The Hill[/link] reports.-
[link=https://www.benzinga.com/news/23/08/33816183/jamie-raskin-hints-at-revelations-that-trump-pocketed-millions-of-dollars-in-foreign-emoluments-even]Raskin Vows Revealing Report On Trump’s Foreign Government Emoluments[/link]
“We’re going to release a report about all of the foreign government emoluments. Millions of dollars that Donald Trump pocketed from the hotels, at the golf courses, through business deals when he was president, and that his family got.”
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