The 4th Circuit’s Full Bench will Hear Arguments in the Emoluments Case brought by D.C. and Maryland.
The Federal Appeals Court has Revived a Lawsuit that Washington, D.C., and Maryland brought against President Trump in which they Allege he Violated the Constitution’s Ban on Federal Officials Profiting from Dealings with Foreign and State Governments. The Constitution says a President should only have Income from their Salary.
The President may not receive other compensation from: Federal, State, or Foreign Entities.
The Court of Appeals, based in Richmond, Va., announced Tuesday that the Full Bench of the Court would hear Arguments Dec. 12th on Trump’s Effort to Stymie the Litigation filed in a Federal Court in Maryland in 2017 and focused largely on Patronage of his Luxury Trump International Hotel in the Nation’s Capital.
The Announcement of the “En Banc” Rehearing effectively sets aside a Ruling that a Three-Judge Panel of the Same Appeals Court had Issued in July. Those Judges Ordered the Case Dismissed as Fatally Flawed, contending the States had No Legal Right to Enforce the Emoluments Clauses in the Constitution.
The Development is the Second Major Setback for Trump in Emoluments Litigation in recent weeks. Last month, the New York-based 2nd Circuit revived a Similar Lawsuit that had been Dismissed by a Federal District Judge in Manhattan. That Suit was brought by Restaurant Owners and Hospitality Industry Workers, as well as a Watchdog Group.
Another Federal Appeals Court, the D.C. Circuit, is considering a Bid by Trump to Block a Separate Emoluments Suit brought by Democratic Senators and House Members that a District Judge in Washington has Ruled should Proceed to Depositions and Evidence Gathering. The Constitution says the Congress must Approve each Foreign Gift or Monetary Value, that they are Not doing.
“Today’s decision by the Fourth Circuit granting the District of Columbia and Maryland a rehearing in our anti-corruption case against President Trump is significant,” Washington Attorney General Karl Racine and Maryland Attorney General Brian Frosh said in a Joint Statement. “We look forward to arguing our case before the full panel to stop President Trump from violating the Constitution and profiting from the presidency.”
The Plaintiffs could find more Traction for their Position at the En Banc Session in December. Democratic Appointees Outnumber Republican Appointees on the Court’s Active Bench 8-6. There is also One Judge who was a Recess-Appointed by President Bill Clinton and Re-Nominated by President George W. Bush.
The Order Setting the Case for Rehearing did Not Provide any Rationale for the Move but Indicated that a Majority of the Appeals Court’s Active Judges Voted to Rehear the Case.
Trump Celebrated the Panel's Original Ruling in July as a Victory against a Wave of Meritless Litigation over his Business Interests, which he seemed to Acknowledge were Suffering in the wake of his Election. “Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt,” Trump Tweeted at the time. “Unanimous decision in my favor from The United States Court of Appeals For The Fourth Circuit on the ridiculous Emoluments Case. I don’t make money, but lose a fortune for the honor of .... serving and doing a great job as your President (including accepting Zero salary!)”
Every Quarter, he gives his Salary to a Federal Agency.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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