The appeal court lets the lawsuit against Trump proceed

CNN analyst explains Emoluments Clause to Trump
The United States Circuit 4th Court of Appeals, in a 9-6 ruling, decided on the case of emoluments Thursday morning against the President, keeping him alive in court and reopening the possibility that state officials could access his company documents. .

The DC and Maryland case against the Trump International Hotel was a long but serious challenge for the businessman president, and he is likely to position the Supreme Court to interpret a key anti-corruption constitutional clause that has rarely ever been brought to court. .

“Even if the Constitution entrusts the President with the enormous responsibility of faithfully executing the law … the idea that the President is invested with an unrepeatable power both to execute and to interpret the law is extraneous to our system of government”, he Judge Diana Gribbon Motz wrote in the opinion of the majority.

“Allowing the President to be the final arbiter of both interpretation and law enforcement – as dissidents would do – would seriously offend the separation of powers,” added Motz.

Jay Sekulow, Trump’s personal attorney, called the sentence “another example of presidential harassment” and said that they intend to go to the Supreme Court at some point.

In ardent dissent, Judge Harvie Wilkinson III wrote that “the legal basis for this lawsuit is non-existent” and argued that it “opens the door to litigation as a tool of harassment” and would allow individuals to “virtually drag the presidency to court at their pleasure. ”

State level attorneys general sued Trump Organization tax documents and other documents in late 2018, a series of documents that the President fiercely fought to keep secret. The registers did not ask for the President’s personal tax returns.

But Trump brought the case before the appellate court, preventing his companies from responding to subpoenas.

The hotel industry suffered a serious blow amid the coronavirus pandemic – which practically stopped the nation’s economy while millions of people stayed home in an attempt to curb the spread of the deadly virus – and Trump’s hotel in Washington is no exception.
The New York Times reported last month that the luxury hotel, which is housed in a federal-owned building and is rented by the Trump Organization, asked the government for relief, asking for “possible changes to the terms of the lease, which could include adjustments to future monthly payments. ”

If Trump were to sell the Trump International Hotel in Washington – or even transfer ownership of it to his children – the cause would likely disappear. Trump has maintained his properties in trust while in office.

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The Justice Department has argued that Maryland and DC have no chance to sue and that the case should be closed, and Trump’s personal attorneys also claim that he cannot be sued for this personally while he is president.

This story has been updated with details and quotes from the opinion.


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