Federal Court Rules Trump Violated the Constitution's Emoluments Clauses

[babylonsister]

https://www.politicususa.com/2020/05/14/federal-court-rules-trump-violated-the-constitutions-emoluments-clauses.html


Posted on Thu, May 14th, 2020 by Alan Ryland
Federal Court Rules Trump Violated the Constitution’s Emoluments Clauses


The Richmond, Virginia-based Fourth Circuit Court of Appeals has ruled that President Donald Trump violated the Constitution’s emoluments clauses.

The president’s attorneys had tried to preserve the president’s immunity from the lawsuit filed by Democratic attorneys general in Maryland and the District of Columbia, who successfully argued that the president’s ownership of the Trump International Hotel, on Pennsylvania Avenue violates anti-corruption provisions of the U.S. Constitution on the president accepting payments from foreign governments without congressional consent.

And that’s not the end of it for the president: There are two other pending lawsuits concerning the hotel, including one “brought by a group of more than 200 Democratic Party lawmakers,” according to Reuters.

Trump has faced allegations of violating the emoluments clause from the start of his tenure. In January 2017, legal watchdog group Citizens for Responsibility and Ethics in Washington (CREW) accused him of violating the constitutional provision, “no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

“As a direct result of [Trump]’s purposeful refusal to acknowledge that he is submerged in conflicts of interest and his purposeful refusal to take precautions necessary to avoid those conflicts,” the organization’s lawsuit alleged, “[he] is now committing and is poised to continue to commit many violations of the Foreign Emoluments Clause — some documented, and others not yet apparent due to the complex and secretive nature of [Trump]’s business holdings — during the opening moments of his presidency and continually thereafter.”

[malaise]

1. Get thee to the greatest page

Reality is catching up with the criminal in chief

[Stuart G]

2. Yes..!!!!!!!!!! Greatest Page..!!!! Breaking the Law,,,Impeachment #2

[olegramps]

13. But the emails...

[CatWoman]

14. think the dumb fuck will ever realize

just how powerful congress is?

[Warpy]

38. Are you kidding? He's waiting for Congress

to discover how omnipotent, omniscient, and immortal HE is. He really thinks there are millions of scruffy bozos out there with popguns who will overthrow the entire US military and reinstall him if anything happens.

Besides, Congress at its weakest right now, the Senate is headed by the absolute worst person possible (other than Rand Paul) and is hopelessly corrupt.

However, strong man dictators always fall, without exception, even if the fall is caused by a body that fails them, their appointed heirs never last and people want nothing more than to forget them and get back to normal. This ruling, which he delayed for three very long years, is just one more chip in the plinth. Another chip was supplied today when Burr resigned from the Intelligence Committee. There will be more.

CREW is doing magnificent work.

[lagomorph777]

26. Get thee to SCOTUS and Justice Beerbong

...unfortunately.

[LastLiberal in PalmSprings]

30. Is there any doubt as to why Fat Donnie jumped this yahoo over more qualified candidates?

He's the Bill Barr of the bench. The only difference between him and Barr -- well, maybe not the only difference, but the one that counts -- is that Barr's appointment is not lifetime, like Kavanaugh's. Whenever I see a formal photo of the Court, there are eight somber men and women plus a guy who looks like my drunk uncle.

[GemDigger]

31. Usually, when I see your opening line, I agree with you but

this time I chuckled and asked you (in my mind) if this article needs any help getting there?

[malaise]

32. Well based on some of the responses

I think so

[Firestorm49]

3. It will go nowhere.

[Fullduplexxx]

7. Oh not true it will now go to the scotus where trump will win 5-4 because of her emails

[riversedge]

4. good news.

[BComplex]

5. YAY!!! The hits just keep on coming!

Maybe it will come to nothing, but we have to keep hitting harder and harder. We're against a stacked supreme court, and a traitorous senate majority.

[superpatriotman]

8. Doesn't matter

There is virtually no crime with which Hair Furor will be charged.

[stillcool]

9. its like impeachment...

it does matter, it just doesn't matter.

[Alex4Martinez]

10. Please let a female journalist ask him about this at the next presser.

Women and women of color are his Kryptonite.

He can't deal.

[hangaleft]

47. A female reporter questioning king donald would be out of line asking such a nasty question

Sarcasm emoji added for those to whom it may not be obvious that this was said with tongue very much in cheek.

[Takket]

11. Been a rough few days for drumpf...

Sullivan put the breaks on Barr’s shadow pardon

Berman Jackson demanded the Ukraine emails

Now this...

HAMMER THE BASTARD

[MFGsunny]

12. + 1000 n/t

[wolfie001]

36. Anything that keeps him awake 24/7 is fine by me!!!

[SergeStorms]

60. Things like this...

don't bother a man with no conscience. Someone with no morals, a galactic-sized ego, and a sense of entitlement without compare has no problem with a little hiccup like this.

[jberryhill]

15. Bullshit Dishonest Headline

The court of appeals denied the president's effort to dismiss the suit.

The court did not rule on the question of whether he violated the clause. The court merely ruled on the question of whether the suit can go forward.

Untruths like this one are corrosive. People will remember something vaguely along the lines of "a court found Trump did something illegal", nothing will happen, and then over time those people will come to believe that somehow a ruling of the court was subverted - never understanding that they were lied to in the first place.

Here's the complete decision, for anyone actually interested in the truth:

https://www.politico.com/f/?id=00000172-132c-d930-a77f-b3bff7980000

[sl8]

16. Thank you.

Thanks, not just for the correction, but for expounding on the danger of disseminating this type of misinformation.

Well said.

[blakstoneranger]

18. Man, aint nobody got time to read or misinterpret 105 pages of a court document!!!

I'll wait and see what the other sources have to say. Not saying your wrong, just that I got that kind of time.

[jberryhill]

21. It's in the first paragraph

President Donald J. Trump, in his official capacity, petitions this court for a writ of mandamus directing the district court to certify an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) or, in the alternative, ordering the district court to dismiss the complaint against him. The President maintains that the district court committed multiple errors that we should correct; however, this case is not on appeal. We recognize that the President is no ordinary petitioner, and we accord him great deference as the head of the Executive branch. But Congress and the Supreme Court have severely limited our abilityto grant the extraordinary relief the President seeks. Because the President has not established a right to a writ of mandamus, we deny his petition

-------

As a general matter, an appeals court is virtually never going to find that someone violated a law. An appeals court is there to address errors in a trial court decision. In other words, the options are to affirm the lower court decision, or overturn or modify the lower court decision. Appeals courts don't issue verdicts or judgments. They issue opinions.

[jberryhill]

25. Here you go

NY Times nails it in the headline:

https://www.nytimes.com/2020/05/14/us/trump-emoluments-clause-fourth-circuit.html

Appeals Court Allows Emoluments Suit Against Trump to Proceed

The Fourth Circuit Court of Appeals in Richmond rejected the president’s request to dismiss a case brought by the State of Maryland and the District of Columbia regarding his Washington hotel.

[Ferryboat]

37. Thank you

For pointing out the truth. Jumping on the rooftop and shouting misinformation makes democrats as bad as the otherside.

[grantcart]

40. I clicked on their source and found the truth, took me 2 mins

[crickets]

20. Thanks for the info & link. nt

[scarletwoman]

27. Thank you for pointing out the misinformation in the headline!

It's maddening when this happens, and additionally maddening to watch how many people run with the misinformation.

[grantcart]

42. +1 note: be suspicious of Alan Ryland in the future.

[GusBob]

54. 230 fucking recs

Un fucking believable

Worse than Fox news viewers

We are supposed to be better than them

Embarrassing

[CaptainTruth]

17. Huh? I thought the court just ruled that the case can proceed.

[jberryhill]

23. Correct, the headline is wrong

[barbtries]

19. only every single day since he took office.

would sure like to see some consequences for his corruption.

[Magoo48]

22. He and his administration are outlaws and lawless.

My question is— So what? There is no enforcement agency which will respond. So. What?

[LudwigPastorius]

24. All this does is keep the case alive.

This was a decision on Trump's attempt to dismiss the lawsuit.

It's all moot, though. He'll be out of office before this is ultimately decided, one way or the other.

[lindysalsagal]

28. HE DOESN'T OWN THE JUDGES, YET!!!!!!

[Paladin]

29. About fucking time. (nt)

[OneCrazyDiamond]

33. is the proper thing to sale the hotel, or

would a blind trust be sufficient to insulate a president from violating the clause?

[ananda]

34. Good news! (for a change)

Thank you!

[SheltieLover]

35. K&R!

[grantcart]

39. Untrue, unfortunately

Click on the link you go to their source, the Hill, which is reporting the previously widely posted article stating that the appeals court simply refused to agree to Trump's motion to stop the trial.

The article clearly states here was " no decision on the merits".

[tritsofme]

41. Typical nonsense sensationalism/yellow journalism from this source.

I don’t know why people continue to post their trash, its been like that for years.

[Bonx]

43. Trump is done for

[Hekate]

44. Good to know some parts of Fed Justice still work

Regardless of the wording of the headlines

[noneof_theabove]

45. "...shall, without the Consent of the Congress..."

but, but, but

my Moscowmitch McTurtle bobblehead is bouncing up and down [yes]

[BlancheSplanchnik]

46. YES!! Get him!!

[wnylib]

48. I can't get too excited over

any lower court ruling since SCOTUS will overturn anything that goes against Trump.

They stopped being a court with integrity in 2000.

[SleeplessinSoCal]

49. The court did not rule on the merits of the case

https://thehill.com/homenews/administration/497721-appeals-court-rules-against-trump-on-emoluments-clause

[Blue Owl]

50. Now do something about it

Like throw his rotten ass in the fucking klink

[onenote]

51. One of the more egregiously misleading headlines in a while.

[GusBob]

55. Happens all the time with that source

Get thee to the greatest page my ass

[Lock him up.]

52. K&R

But that newest crack down of the oRange viru$ will probably not be mentioned in any nightly news on TV.

[Laura PourMeADrink]

53. Boom this..on November 15, 2017, Steve Cohen D-TN introduced articles of impeachment

That included one for violation of the domestic emoluments clause and one for violation of the foreign emoluments clause.

[GusBob]

56. Yeah, no. Thats not what the court ruled

Good lord y’all learn how to read. Learn how to think

Whats worse?
Making up the lie
Spreading the lie
Believing the lie

In my mind the second two

[NoRoadUntravelled]

57. This gives me hope.

[DFW]

58. Trump's lawyers are trying to argue

Their argument says, in essence, that a President cannot be called to task for doing something the Constitution specifically forbids him from doing.

"............and absolute power corrupts absolutely."

[SergeStorms]

59. Finally.

Of course this will be appealed ad nauseum and nothing will ever come of it, but at least it's on record that - once again - Trump is branded as a crook.