12/28/2023 0 Comments Trump never read constitution![]() President Trump responded, and CAC filed a reply brief in September. ![]() Circuit’s decision and explaining how that decision conflicts with the Supreme Court’s precedents on legislator standing. In July 2020, CAC filed a petition for a writ of certiorari, asking the Supreme Court to review the D.C. Circuit ordered that the District Court’s September 2018 order on standing be reversed and that the case be remanded with instructions to dismiss the complaint. Circuit subsequently accepted the appeal. In August 2019, the district court granted both motions, and the D.C. Circuit also remanded the case to the district court for reconsideration of the President’s motion for permission to immediately appeal and his motion for a stay. Circuit denied the petition, ruling that the President “has not shown a clear and indisputable right to dismissal of the complaint in this case.” But the D.C. The next month, the President filed a petition for a writ of mandamus in the U.S. Soon after, the plaintiffs issued subpoenas to numerous Trump-owned companies seeking records concerning their business dealings with foreign governments. ![]() In June 2019, the district court denied the President’s motion, ordering the discovery process to begin. The President then moved for permission to immediately appeal the district court’s orders and for a stay of discovery. The court concluded, among other things, that the President’s narrow definition of the term “emolument” was “unpersuasive and inconsistent,” and instead ruled that the text, structure, historical interpretation, and purpose of the Clause support a broad view of the term “emolument.” Accordingly, the court held that “the Amended complaint states a plausible clam against the President for violations of the Clause,” and that the plaintiffs’ case could therefore proceed. In April 2019, the district court denied the remainder of the President’s motion to dismiss. While President Trump argued that the case should be dismissed because Congress has political remedies available to stop him from accepting foreign emoluments, the district court disagreed, finding that these purported remedies are “clearly inadequate.” The district court concluded that Trump’s alleged acceptance of foreign emoluments without congressional consent injures the plaintiffs in their capacities as legislators by denying them specific voting opportunities to which they are entitled by the Constitution-opportunities to cast binding votes either approving or rejecting specific foreign emoluments before the President accepts them. In September 2018, the United States District Court of the District of Columbia ruled that the plaintiffs have standing to sue President Trump for violating the Foreign Emoluments Clause. But as long as Congress were required to approve such benefits in advance, the risk of foreign corruption would be reduced. officials by foreign governments could compromise the judgment of those officials and undermine their loyalty to the United States, thereby harming the American people. The Founders included the Foreign Emoluments Clause in the Constitution because they recognized that payments and gifts to U.S. Trump’s failure to comply with the Constitution matters. Because President Trump accepted numerous financial benefits from foreign governments through his business empire without first obtaining the consent of Congress, Senator Richard Blumenthal, Representative Jerrold Nadler, and approximately 200 other Members of Congress asked the federal courts to compel the President to comply with the Constitution. Our nation’s Founders concluded that this requirement was the only way to prevent undue foreign influence on American officials and to ensure that those officials act in the national interest, not their own financial self-interest. ![]() The Foreign Emoluments Clause of the Constitution requires that all federal officials, including the President, seek and obtain the affirmative consent of Congress before accepting any benefits from foreign states.
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