The Independent View: U.S. Appeals Court Rules Against Trump in Emoluments Case

A U.S. Federal Appeals Court on Friday revived a Lawsuit claiming President Trump Violated the U.S. Constitution by Profiting from Foreign and Domestic Officials who Patronized his Hotels and Restaurants, adding to the Corruption Claims against Trump.

The New York-based 2nd U.S. Circuit Court of Appeals set Aside a Lower Court Ruling that had Thrown Out the Case because the People who Sued could Not Prove they were Harmed by Trump's Actions and his Role as President.

The Justice Department had urged the Appeals Court to Bury what it called a "Manufactured Lawsuit" because the Plaintiffs cannot show that the Harms they Incurred can be traced to Trump's Financial Interest in his Businesses rather than other Reasons.

The Justice Department, which is Defending Trump in the Case, could Appeal to the U.S. Supreme Court.

The Lawsuit, initially filed by Plaintiffs including the Watchdog Group Citizens for Responsibility and Ethics in Washington, accused President Trump of Failing to Disentangle himself from his Hotels and other Businesses, making him Vulnerable to Inducements by Officials seeking to curry Favor.

The Case alleged Violations of the U.S. Constitution's Anti-Corruption "Emoluments" Provisions, which Ban the President from accepting Gifts or Payments from Foreign Governments without Congressional Consent and Intra-State Business.

Trump as President regularly visits his own Hotels, Resorts, and Golf Clubs, maintains Majority Ownership of his Businesses, but has ceded Day-to-Day control to his Sons. Critics have said that is Not a Sufficient Safeguard.

Friday's Ruling comes in a Lawsuit filed days after Trump took Office in January 2017. The Plaintiffs included a New York Hotel Owner, an Events Booker in Washington, and a Restaurant Trade Group that allege Lost Patronage, Wages, and Commissions from Clients who now prefer Trump's Businesses over theirs because of the Ability to Gain the President's Favor.

The Plaintiffs cite examples of Foreign Government Entities, including the Embassy of Kuwait and a Delegation from Malaysia, choosing Trump's Properties, such as the Trump International Hotel in Washington, over other Venues.

Another Issue is Trump's Majority Ownership of the Washington Hotel and the Lease of the Property it is on. When the Government Accountability Office (GAO) gave the Lease to Trump, he was an Civilian. But the Lease has a Clause that states: The Lease can not be held by an Elected Government Official. So either he would have to Give Up the Lease or Give Up his Majority Ownership in the Company that Owns the Lease.