July 26, 2018

Federal lawsuit against Trump's business operations allowed to proceed

NPR - In a blow to President Trump, a federal judge says a lawsuit that alleges Trump's business interests violate the Constitution can proceed.

Federal District Judge Peter Messitte denied the Department of Justice's request to dismiss a case brought by the attorneys general of Maryland and the District of Columbia. The Emoluments Clause bars any president from personally profiting from his dealings with foreign governments — or even U.S. state governments.

It's the first ruling in federal court to define "emolument," which goes undefined in the U.S. Constitution's two emoluments clauses.

Messitte rejected the "cramped interpretation" of the term offered by the Justice Department. He wrote that the term applies to "any profit, gain or advantage" of value that Trump has gotten from foreign, the federal or domestic governments.

"Plaintiffs have plausibly alleged that the President has been receiving or is potentially able to receive 'emoluments' from foreign, the federal and state governments in violation of the Constitution," wrote Messitte

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