Trump emoluments case over his D.C. hotel gets second chance in legal challenge
Source: Washington Post
A federal appeals court on Tuesday revived a lawsuit claiming President Trump is illegally profiting from foreign and state government visitors at his hotel in downtown Washington. The full U.S. Court of Appeals for the 4th Circuit agreed to rehear the lawsuit, brought by the attorneys general of Maryland and the District of Columbia, that was dismissed last summer by a three-judge panel of the same court.
The brief order set oral argument for Dec. 12, and essentially gives the novel lawsuit testing the anti-corruption emoluments provisions of the Constitution a second chance. In July, a unanimous three-judge panel said the attorneys general lacked legal grounds to bring the case alleging 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 government agencies and Trump's private business entities. 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 the 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.A separate case in Washington, filed by congressional Democrats, is on hold while Trump appeals.
Read more: https://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
mahatmakanejeeves
(56,886 posts)NEW: The 4th Circuit has agreed to rehear the emoluments clause case against Trump en banc (meaning the full court will consider it) arguments are set for Dec. 12.
Previously on the July ruling from a three-judge 4th Circuit panel that sided with Trump: https://www.buzzfeednews.com/article/zoetillman/emoluments-trump-appeals-court-ruling
Link to tweet
TeamPooka
(24,155 posts)a p[arty to the deal.
Trump chose President over owning the hotel.
VOID THE CONTRACT of the DC Hotel!
Mike 03
(16,616 posts)to stay in Trump hotels overseas? The cases are very similar. It's going to take forever to prosecute these one case at a time on this timetable. Florida will be underwater by the time this is all finished.
BumRushDaShow
(127,272 posts)The other two per the OP article -
The lawsuit is one of three major cases testing for the first time the Constitutions ban on the countrys leaders engaging in private business relationships with foreign governments.
In the New York case, brought by Trumps 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.
A separate case in Washington, filed by congressional Democrats, is on hold while Trump appeals.
https://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