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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums***3 key differences in today's Emoluments lawsuit against DT***
The Emoluments lawsuit filed against DT today differs from the previous one filed by CREW in at least three key respects.
First, it was not filed by private citizens or by corporations -- it was filed by the State of Maryland and the District of Columbia, which own property that is competing with DT owned property, and suffering damages.
And, second, it alleges both violations of the Foreign Emoluments Clause AND the Domestic Emoluments clause.
And, third, it alleges that the GSA approval of the lease renewal for the land underneath the DC hotel (despite DT violating the terms of the prior lease) was an "unconstitutional favor" from the US government after DT proposed raising its budget.
Like the other Emoluments lawsuit, which is still pending, it will demand to see DT's tax records as part of discovery.
https://www.washingtonpost.com/local/dc-politics/dc-and-maryland-to-sue-president-trump-alleging-breach-of-constitutional-oath/2017/06/11/0059e1f0-4f19-11e7-91eb-9611861a988f_story.html?utm_term=.02dfb10f81ad
Norman Eisen, who served as the chief White House ethics lawyer for President Barack Obama and is CREWs board chairman, said jurisdictions such as the District and Maryland are among the most perfect plaintiffs to sue over emoluments because they have a coequal say in making sure the Constitution is being enforced.
In the emoluments clauses, we have these ancient air bags that were placed in the Constitution by the framers that are now being deployed, said Eisen, whose nonprofit has been advising the District and Maryland on their suit. Trump is the framers worst-case scenario; a president who would seize office and attempt to exploit his position for personal financial gain with every governmental entity imaginable, across the United States or around the world.
On the domestic side, the suit alleges Trump has received unconstitutional financial favors from the U.S. government. It says the U.S. General Services Administration, which handles federal real-estate, wrongly allowed Trumps company to continue to lease the Old Post Office building, where Trump built his D.C. hotel, even though a clause in the contract said no elected official could remain on the lease.
The GSA initially said Trump would have to fully divest from the hotel after the election. But after Trump proposed increasing GSAs budget, the suit says, the agency issued a letter saying Trump was in full compliance.
The suit also alleges that Trump is violating domestic emoluments by creating a situation in which states feel compelled to compete for Trumps favor, perhaps by offering zoning exemptions, waivers or other benefits to help his businesses.
LOL Lib
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SunSeeker
(51,367 posts)gademocrat7
(10,623 posts)BigmanPigman
(51,430 posts)NastyRiffraff
(12,448 posts)DC, too, but Maryland is my state. Excellent move by both AGs.
Cha
(295,899 posts)I wonder if your Gov is happy with this development
NastyRiffraff
(12,448 posts)Not a peep out of Hogan as far as I know, but the General Assembly gave the AG authority to sue the Federal government back in February, without Hogan's approval.
Cha
(295,899 posts)Scurrilous
(38,687 posts)smirkymonkey
(63,221 posts)gopiscrap
(23,673 posts)Tatiana
(14,167 posts)I like the AGs as another line of offense in our battle to take back the country.
If we get the tax returns, this thing gets broken wide open.
Nitram
(22,663 posts)Just keep the football out of his reach when it happens.