The Independent View: Meet the Man Fighting the Emoluments Clause Case

He’s a Pioneering Attorney and Haitian Immigrant who’s Leading the Emoluments Lawsuit. He engineered some of Dems’ biggest Wins in 2018. So why haven’t you heard of Karl Racine?

Harry Jaffe is an Editor-at-Large at Washingtonian Magazine and Co-Author of Dream City: Race, Power, and the Decline of Washington, D.C.

Racine, as Co-Chair of the National Democratic Attorneys General Association (DAGA) is playing a little-noticed but hugely Influential Role in fighting the Trump Administration at the Polls, in the Courts, and in the News Media.

The past few years have been uncommonly High Profile for the American Legal System and a High Growth Industry for Lawyers and Judges.

The President finds Himself in both Personal and Professional Legal Jeopardy. Several of his Former Aides and Advisers have been Criminally Indicted. The Administration’s every move is subject to Major Lawsuits. Talk about Testing our Constitution and Legal system.

But while the Public has been mesmerized by Trump’s Legal Troubles, Racine has been quietly Building out Democrats’ Ability to Check his Administration at the State Level. Without much notice, he’s quietly emerged as perhaps the Single most Important Player in Restoring Democratic Clout in America’s Legal system.

As D.C. Attorney General, Racine is Leading the ongoing Emoluments Suit against the President over Foreign Governments’ allegedly Corrupt Patronage of the Trump International Hotel in downtown Washington, along with Maryland AG Brian Frosh.

As Co-Chair of DAGA, he has helped Coordinate the Legal and Political Strategies behind the Lawsuits Suing the Trump Administration over Issues including the Separation of Children and Parents at the Mexican Border, Upholding the Affordable Care Act, and Protecting DACA Recipients. And more substantial yet, Racine was the Architect of one of the Least-Discussed but most Far-Reaching Results of November’s Elections: Democrats Winning a Majority of the Nation’s Attorney General positions, an Electoral success with far-reaching Implications for Workers’ Rights, Immigration, Civil Rights, Consumer Protections, and the Ability to Erect a Judicial Wall against the Trump Administration.

All of that has put Racine on a Trajectory for what exactly Washington, D.C. doesn’t have, Senators or a Voting Member of Congress.

He could Return to Private Practice, but his Passion for Public Service and Ambition to Effect Lasting Change makes the Public Arena more enticing, which has led some Friends and Colleagues to speculate that he could be putting himself in line to take a Senior Post at the Department of Justice if a Democrat Retakes the White House in 2020, perhaps Solicitor General or Deputy AG, or even, Attorney General.

Without having any of those Positions, Racine has already helped Reshape the American Legal system. Three Days after he threatened Legal Action against Trump’s Declaration of a National Emergency, 16 States Sued the President in Federal Court. Three of those States: Colorado, Michigan, and Nevada, flipped from Republican to Democratic AGs under Racine’s Watch. But you won’t hear any bragging from Racine: “I was raised, educated and coached to not highlight my role in team efforts.”

Racine has Sued Trump for Violating the Emoluments Clause. Racine and other States AG's allege that through his Ownership of the Trump International Hotel on Pennsylvania Avenue in Downtown Washington, the President has Illegally Profited and Opened himself up to Corrupt Influence. And if you read the Lease Contract from the GSA, No Elected Person can be an Owner of the Lease.

The Case is winding its way through Federal Courts in Maryland, with most of the Rulings going Racine’s way. There’s a Hearing scheduled for March 19th, and Pending its outcome, the Discovery Process could begin soon after.

In the meantime, he’s Managing 300 Attorneys as the D.C. AG, focusing on Work that is less Publicized and more Tangible in the Lives of Washingtonians. His Lawyers have forced Landlords to Repair Substandard Buildings, moved 1,723 Children Out of Foster Care, and gotten more than $10 Million in Relief to D.C. Consumers. He’s also Joined the Leadership of the Bipartisan National Association of Attorneys General, in line to be President in Two years.

Racine says his heart is in Reforming Juvenile Justice and creating Pathways to keep Kids out of the Criminal Justice System.

But is his heart interested in moving up to serve in Federal Office? After all, Racine did a Stint in the White House Counsel’s Office during the Clinton Impeachment Hearings. Would he consider serving as Kamala Harris’ Attorney General? “Of course I would,” he said. It seems Karl Racine is becoming less Quiet about his Ambitions.