DOJ argues Congress can't take non-legislative steps against Trump on emoluments

[babylonsister]

DOJ argues Congress can't take non-legislative steps against Trump on emoluments
By Harper Neidig - 12/09/19 11:54 AM EST



The Department of Justice argued before a federal appeals court on Monday that the only way for Congress to take action against President Trump over alleged violations of the Constitution’s emoluments clause would be to pass legislation.

During oral arguments before the D.C. Circuit Court of Appeals on Monday, Hashim Moopan, an attorney with the Justice Department, said that a group of lawmakers suing Trump have no recourse other than legislation for taking action if they think the president has violated the Foreign Emoluments Clause.

“The only role that the constitution gives Congress with respect to the Foreign Emoluments Clause is to allow [emoluments],” Moopan said.

“The Constitution already prohibits the acceptance of emoluments, absent congressional consent. So unless they are going to stand up here and say that what they really want to do is approve them, and that's why they're so injured, their argument just doesn't make any sense,” Moopan said.

The courts are grappling with how to interpret the constitution’s Foreign Emoluments Clause which prohibits government officials from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State” without the consent of Congress.

A group of more than 200 Democratic lawmakers are arguing that the president robbed them of their role to approve any emoluments he receives by not seeking congressional consent.

The provision has largely gone unexamined by the courts over the past 230 years, but was revived in several cases against the president for not selling off his network of private businesses, including hotels frequented by foreign diplomats.

more...

https://thehill.com/regulation/court-battles/473672-justice-argues-congress-cant-take-non-legislative-steps-against?fbclid=IwAR1Mj1q60iKmNunD9AsjieXT-vDvLIXV3F93WkNivMm6UMB0I1ecdUBxHRg

[Frustratedlady]

1. I find it interesting that with all the presidents we've had in office...

Trump is the first one who has a problem with emoluments and the Constitution?

Tells you something.

[msongs]

2. another article of impeachment oughta cover this. nt

[StarfishSaver]

3. Congress can't take legislative steps and Trump won't cooperate with legislative oversight

How convenient.

[hedda_foil]

4. What. The. Fuck. ?????

[Vinca]

5. Why on earth would you have to pass legislation on something in the Constitution?

[BumRushDaShow]

7. Congress can authorize him to have emoluments

so if they won the House back somehow, they could let him have anything he wanted.

[Midnight Writer]

6. So what if Congress passes legislation? Trump will just ignore it and DOJ will tie it up in Courts.

[bigbrother05]

8. My counter would be, if it was OK, why didn't they pass a law in 2017/18?

Why didn't his lapdogs buy him an escape hatch.

[Johonny]

9. One of the reasons presidential libraries exist is because every other president knew

all the crap they recieved as president, they didn't get to keep. My bet is Trump takes it all with him. He'll never disclose half of what he got.

[flotsam]

10. Always remember that Jimmy Carter had to sell the family farm

...to prove he wasn't in the pocket of the big peanut lobby. Which didn't stop the GOP from losing their shit when his brother promoted "Billy Beer".

[ck4829]

11. Department of Just Us at it again