The Fourth Circuit Court of Appeals on Wednesday dismissed a lawsuit filed by DC and Maryland claiming President Trump is violating the Emoluments Clause of the Constitution because foreign government officials stay at Trump’s DC hotel.
The attorneys general of DC and Maryland brought the lawsuit against Trump two years ago and the ruling from a unanimous three-judge panel asserting they lack the legal standing to bring the lawsuit is a big win for Trump.
The emoluments clause is a provision that bars US presidents from accepting gifts from foreign governments without permission from Congress first.
This is a huge win for Trump and Judge Paul Niemeyer, a George H.W. Bush appointee said they did not have the standing to sue President Trump.
“Indeed, there is a distinct possibility — which was completely ignored by the District and Maryland, as well as by the district court — that certain government officials might avoid patronizing the Hotel because of the President’s association with it,” Niemeyer wrote, according to The Hill.
“And, even if government officials were patronizing the Hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the President enjoined from receiving income from the Hotel,” Niemeyer continued. “After all, the Hotel would still be publicly associated with the President, would still bear his name, and would still financially benefit members of his family.”
Trump’s personal lawyer Jay Sekulow called the ruling a “complete victory” for the president.
“The decision states that there was no legal standing to bring this lawsuit in the first place. This latest effort at Presidential harassment has been dismissed with prejudice,” Sekulow added.
Jay Sekulow calls 4th Circuit emoluments ruling a “complete victory,” for Trump. “The decision states that there was no legal standing to bring this lawsuit in the first place. This latest effort at Presidential harassment has been dismissed with prejudice,” he adds. pic.twitter.com/rKNihdGSY5
— Darren Samuelsohn (@dsamuelsohn) July 10, 2019
President Trump celebrated the win on Wednesday morning.
“Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt. Unanimous decision in my favor from The United States Court of Appeals For The Fourth Circuit on the ridiculous Emoluments Case. I don’t make money, but lose a fortune for the honor of serving and doing a great job as your President (including accepting Zero salary!),” Trump said in a pair of tweets Wednesday morning.
….serving and doing a great job as your President (including accepting Zero salary!).
— Donald J. Trump (@realDonaldTrump) July 10, 2019
President Trump suffered a set back last month in a separate lawsuit brought by over 200 rabid Congressional Democrats who are seeking a DC federal court to require that Trump get approval from lawmakers before he accepts any financial benefits from foreign governments.
Loser Democrat lawmakers, who couldn’t even run a successful lemonade stand, are targeting president Trump and accusing him of violating the very rarely litigated emoluments clause of the US Constitution by claiming his luxury hotels which are blocks from the White House is evidence Trump is receiving benefits.
US District Judge Emmett Sullivan (the same judge assigned to General Flynn’s case), a Clinton appointee last month denied Trump’s request to stop the lawsuit.
The 2017 lawsuit against Trump was led by Stolen Valor fraud Senator Richard “Da Nang Dick” Blumenthal (D-CT).
On Monday, lawyers for the Democrats served 37 judicial subpoenas to President Trump’s businesses as part of their lawsuit claiming Trump is violating the Emoluments Clause.
Wednesday’s win in the 4th Circuit Court of Appeals is a sign that congressional Democrats suing Trump for similar Emoluments Clause violations will likely lose their battle.
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