On Friday, the District Court in Washington, DC issued a 58-page ruling allowing a lawsuit brought by members of Congress against Donald Trump to go forward. The suit alleges that Trump is in violation of the “Emoluments Clause” of the US Constitution, owing to his acceptance of payments through his hotels and businesses from foreign entities without the consent of Congress.
A similar suit was allowed to proceed in Maryland, while a third suit in Manhattan was dismissed — but is now being appealed.
This third suit against the President is the highest profile case against Trump on the emoluments issue due to the fact that the plaintiffs are themselves members of Congress. All are Democrats with the exception of Senator Bernie Sanders of Vermont, who is an Independent, but caucuses with the Democrats in both votes and committees.
The ruling, which was in response to a motion to dismiss by the President’s legal team, explains how members of Congress may sue the President without the case being considered merely a “controversy” that could be settled through legislative means:
When Members of Congress sue the President in federal court over official action, a court must first determine whether the dispute is a ‘Case’ or ‘Controversy’ under Article III of the United States Constitution, rather than a political dispute between the elected branches of government. A critical part of this inquiry is whether the plaintiffs have legal standing to bring the action. Whether legislators have standing to sue often turns on whether they can obtain the remedy they seek from the court from fellow legislators. When a legislative remedy is available, courts generally dismiss the case on jurisdictional grounds. The Supreme Court, however, has not foreclosed federal courts from appropriately exercising jurisdiction over certain types of disputes between the political branches. This case is one of those disputes.”
The news is certain to be devastating for Trump, as the case is of course the likeliest to succeed on its merits, and Congress is most readily able to demand documents relating to the investigation of it. More upsetting for the President is undoubtedly the fact that he actually lost in court once again.
Featured image via screen capture
