A federal appeals court panel has thrown out a lawsuit accusing President Trump of violating the Constitution by continuing to do business with foreign and state governments while serving as president
A federal appeals court panel has unanimously thrown out a lawsuit accusing President Donald Trump of violating the Constitution by continuing to do business with foreign and state governments while serving as president.that the State of Maryland and the District of Columbia — who joined together to file the suit against Trump in 2017 — lacked legal standing to object to his alleged violations of the Constitution’s clauses prohibiting receipt of so-called “emoluments” while in office.
“Indeed, there is a distinct possibility — which was completely ignored by the District and Maryland, as well as by the district court — that certain government officials might avoid patronizing the Hotel because of the President’s association with it,” the judge wrote. “Even if government officials were patronizing the Hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the President enjoined from receiving income from the Hotel,” Niemeyer added. “After all, the Hotel would still be publicly associated with the President, would still bear his name, and would still financially benefit members of his family.
After learning of the judicial panel before oral arguments last March, Maryland Attorney General Brian Frosh slapped his own forehead with his hand, prompting D.C. Attorney General Karl Racine to console him. “Head up, head up,” Racine told his colleague. At the outset of Trump’s presidency, many ethics experts urged him to divest himself of his far-flung business empire, but he refused. Instead, Trump turned over day-to-day control of his businesses to two of his sons, Donald Trump Jr. and Eric Trump.
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