A Federal Appeals Court is set to wrestle today with the Legal Future of a Lawsuit accusing President Trump of Violating the Constitution by Profiting from his Business Dealings with Foreign Countries seeking to curry Favor with his Administration.
The Arguments in the Foreign Emoluments Case test largely Uncharted Areas of Constitutional Law, but also Serve as a Reminder of the numerous Ethical Challenges Trump’s Administration has faced, with a series of Cabinet Members Departing under Clouds of Scandal.
The Suit that is going before a Three-Judge Panel of the 4th Circuit Court of Appeals Tuesday was filed Jointly in 2017 by the Attorneys General of Maryland and Washington, D.C.
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, but kept his Majority Control of the Businesses, and Joint-Control of his Investments with the Corporation's Chief Financial Officer, Allen Weisselberg.
Just before taking Office, Trump Announced that he would Donate to the U.S. Treasury All Profits from Foreign Government-related Business at his Hotels and other Enterprises. However, Critics said the Policy was Vague and certain Not to Capture All the Income Trump derived from Foreign Diplomats and others with Ties to Governments Abroad. Last March, the Trump Organization announced that it had Donated just over $151,000 to the U.S. Treasury to Divest what the Firm said were its Profits Associated with Foreign-Government Business.
However, the Trump Business has said it intends to Respect its Guests’ Privacy and not Pry into who might be footing the Bill for their Stays at Trump Hotels. As a result, it’s unclear if Trump’s Firms are disgorging Profits from Hotel Rooms booked by Lobbyists or other Third Parties who may Not Disclose any Connection to Foreign Governments.
During Trump’s Inauguration in 2017, Lobbyists working for the Saudi Government Paid more than $270,000 to put U.S. Veterans up in Hotel Rooms at the Trump Hotel in D.C. as part of an effort to Defeat Legislation that allows Victims to pursue Lawsuits against the Saudi Regime over its alleged Involvement in the September 11th, 2001 Terrorist Attacks on the U.S.
While the Main focus of the Case set to be Argued Tuesday has been on the Influence Foreign Governments could wield through their Patronage of Trump Businesses, the Lawsuit also Targets the Money Trump-Branded Hotels and other Ventures are Receiving from State Officials. A Lesser-known Clause of the Constitution Prohibits the President from being separately Compensated by any State.
Lawyers pressing the Case against Trump have noted that some Officials of other States have Signaled that they’re Staying at Trump’s D.C. Hotel in order to Cozy Up to the Administration. In 2017, Maine's Gov. Paul LePage stayed there during a Visit to Washington. The Trump Administration later eased Logging Restrictions Maine had Objected to.
While Trump has faced at least Four Lawsuits alleging his Illegal Receipt of so-called Emoluments related to his Office, the One brought by the D.C. and Maryland Officials appears, as of now, to be the Biggest Legal Headache for the President. That’s because last December U.S. District Court Judge Peter Messitte gave the D.C. and Maryland Attorneys General the go-ahead to begin Discovery, the Process of seeking Documents and Testimony about how much Money. The 4th Circuit put that Discovery process On-Hold last December at the Justice Department’s Request until its Appeals is Resolved.
Last October, a New York-based Federal Appeals Court heard Arguments in the First Lawsuit filed over the Emoluments Issue, a Case brought by the liberal Watchdog group Citizens for Responsibility and Ethics in Washington. That Case was Thrown-Out by a District Court Judge in New York in December 2017, who said that Group and other Plaintiffs in the Hospitality Industry Lacked Standing to pursue their Claims. The 2nd Circuit Court of Appeals Panel has yet to rule on the Efforts to Revive that Suit.
Meanwhile, a Suit more than 200 Democratic Senators and Representatives brought over the Emoluments Issue remains Alive in a Federal Court in Washington. Last September, a Judge found that the Lawmakers Did have Legal Standing to Sue, but the Case has Proceeded at a Glacial Pace. The Democratic House Members may now have a more Potent Tool to Explore Trump’s Business Dealings, Congressional Subpoenas. With the House having come under Democratic Control in January, the Chairs of Various House Committees could try to use their Legal Authority to Demand more Details on Trump’s Business Dealings.
The House Oversight and Government Reform made limited Inquiries into the Issue while under GOP Control in 2017 and recently Renewed its push to get the Trump Organization to turn over more Records of its Policy on Foreign Government-related Business.
Then their is the issue of the Lease for the Trump’s D.C. Hotel. When Trump was not President, his getting the Lease was Legal. The Hotel was Built, he Pays Annual Rent to the Federal Government, and has an Operation Agreement. But the Lease has a Clause that No Elected Official can Own the Lease. Since he maintains the Majority Interest in the Trump Organization, he is in Violation of the Lease.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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