Trump emoluments case over his D.C. hotel gets second chance in legal challenge
By Ann E. Marimow
Oct. 15, 2019 at 6:05 p.m. EDT
A federal appeals court on Tuesday revived a lawsuit claiming that President Trump is illegally profiting from foreign and state government visitors at his hotel in downtown Washington.
The U.S. Court of Appeals for the 4th Circuit agreed to rehear the lawsuit, brought by the attorneys general of Maryland and the District, which was dismissed over the summer by a three-judge panel of the court.
The brief order set oral arguments before a full panel of judges for Dec. 12 and essentially gives the novel lawsuit, which tests the anti-corruption emoluments provisions of the Constitution, a second chance.
In July, a unanimous three-judge panel said Maryland Attorney General Brian Frosh (D) and D.C. Attorney General Karl A. Racine (D) lacked legal grounds to bring the case alleging that the president violates the Constitution when his business accepts payments from state and foreign governments.
That decision, from three judges nominated by Republican presidents, also put a halt to dozens of subpoenas to federal agencies and Trump’s private business entities.
In a statement after the court’s order Tuesday, Frosh said “every single day, President Trump is receiving payments from foreign governments and from the United States. We intend to hold him accountable for violations of our nation’s original anti-corruption laws.”
A Justice Department spokesperson did not immediately respond to a request for comment.
The lawsuit is one of three major cases testing for the first time the Constitution’s ban on the country’s leaders engaging in private business relationships with foreign governments.
In a New York case, brought by Trump’s business competitors, the U.S. Court of Appeals for the 2nd Circuit in September said a lower-court judge had improperly thrown out the case in late 2017.
more:
http://www.washingtonpost.com/local/legal-issues/trump-emoluments-case-over-his-dc-hotel-gets-second-chance-in-legal-challenge/2019/10/15/7532f0aa-ef8c-11e9-8693-f487e46784aa_story.html
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