Appeals court rejects lawsuit over President Trump's business

WASHINGTON — A federal appeals court rejected Wednesday a lawsuit from Maryland and the District of Columbia that alleged President Donald Trump violated the Constitution by benefiting from his business while in office.

The case filed by Maryland Attorney General Brian Frosh and D.C. Attorney General Karl Racine argued that Trump broke seldom-tested provisions of the Constitution that bar a president from receiving compensation from domestic or foreign governments without congressional approval. The provisions are called emoluments clauses.

A three-judge panel of the U.S. Fourth Circuit Court of Appeals ruled unanimously Wednesday against the “unprecedented claims directly against a sitting president” by the District and Maryland. The appeals court cited the “paramount necessity of protecting the executive branch from vexatious litigation that might distract it from the energetic performance of its constitutional duties.”

The appeals court on Wednesday did not opine on whether or not Trump had violated the Constitution. Instead, it ruled that even if there had been a violation, neither D.C. nor Maryland had been sufficiently injured by it to bring a lawsuit in the first place. 

Trump stepped away from day-to-day management Trump Organization while in office, but he continues to profit from it under management by his sons, Donald Trump Jr. and Eric Trump. An example cited in the lawsuit and by critics in Congress is that Trump benefits from guests staying at Trump International Hotel, a few blocks from the White House.

U.S. District Judge Peter Messitte said in July 2018 that the attorneys general "convincingly argued" that the emoluments clauses applied.

The appeals court said Wednesday the suit should never have gone forward. 

“The District and Maryland’s interest in enforcing the Emoluments Clauses is so attenuated and abstract that their prosecution of this case readily provokes the question of whether this action against the president is an appropriate use of the courts, which were created to resolve real cases between the parties,” said the opinion written by Judge Paul Niemeyer and joined by Judges Marvin Quattlebaum and Dennis Shedd.

Trump tweeted Wednesday that he won the “ridiculous” case that he said was part of "the Deep State and Democrat induced Witch Hunt." 

“I don’t make money, but lose a fortune for the honor of serving and doing a great job as your President (accepting Zero salary!),” Trump said.

Neither Frosh nor Racine replied immediately to requests for comment.

A separate lawsuit over Trump's business interests, filed by some congressional Democrats, remains pending in federal court in Washington. Trump has asked another appeals court to step in to determine whether lawmakers have a sufficient basis for suing him. 

Trump on collision course with Supreme Court; justices may avoid interference in 2020 election

SEE YOU IN COURT:' Trump's vow proves prophetic

Federal judge refuses to block House subpoena for Trump's financial records

Source: USA Today

Powered by NewsAPI.org

Keywords:

Lawsuit • Donald Trump • Washington, D.C. • United States courts of appeals • Lawsuit • Maryland • Washington, D.C. • Donald Trump • United States Constitution • Business • Attorney General of Maryland • Brian Frosh • Washington, D.C. • Karl Racine • Donald Trump • United States Constitution • Bar (law) • President of the United States • Damages • United States Congress • Remuneration • United States Court of Appeals for the Fourth Circuit • President of the United States • Maryland • Appellate court • Executive (government) • Vexatious litigation • Appellate court • Constitution • Maryland • Lawsuit • The Trump Organization • Donald Trump Jr. • Eric Trump • Lawsuit • United States Congress • Old Post Office Pavilion • Executive Office of the President • Attorney general • Remuneration • Appellate court • Lawsuit • Maryland • Remuneration • Prosecutor • Case law • President of the United States • Court • Real property • Case law • Political party • Legal opinion • Judge • Paul Niemeyer (doctor) • Judge • Doug Quattlebaum • Dennis Shedd • Donald Trump • State within a state • Democratic Party (United States) • Witch-hunt • Salary • Donald Trump • Karl Racine • Lawsuit • Donald Trump • United States Congress • Democratic Party (United States) • Federal judiciary of the United States • Washington, D.C. • Donald Trump • Appellate court • Donald Trump • Collision Course (1989 film) • Supreme Court of the United States • United States presidential election, 2020 • See You in Court • Donald Trump • United States district court • Subpoena •