Judge raises doubts over suit against Trump on foreign payments

[Eugene]

Source: Reuters

NEW YORK (Reuters) - A federal judge in New York voiced skepticism on Wednesday over whether groups and individuals should be able to proceed with a lawsuit against President Donald Trump alleging that he violated the U.S. Constitution by accepting foreign payments through his hotels and other businesses.

U.S. District Judge George Daniels also questioned government lawyers seeking to have him throw out the suit accusing Trump of running afoul of the Constitution’s “emoluments” clause by maintaining ownership of his business empire while in office.

Daniels said he would rule within a month or two on whether he will continue to hear the suit. The emoluments clause, designed to prevent corruption and foreign influence, bars U.S. officials from accepting gifts from foreign governments without congressional approval.

Trump has ceded day-to-day control of his businesses to his sons. Critics have said that is not a sufficient safeguard.

-snip-

#POLITICS OCTOBER 18, 2017 / 1:59 PM / UPDATED 2 HOURS AGO
Andrew Chung
4 MIN READ


Read more: http://www.reuters.com/article/us-usa-trump-lawsuit/judge-raises-doubts-over-suit-against-trump-on-foreign-payments-idUSKBN1CN2N7

[ananda]

1. Who is this fucking judge?!!

He'll think about ruling in a month or so?

Sheesh

[Liberalagogo]

4. Clinton appointee:

More here:
https://en.wikipedia.org/wiki/George_B._Daniels

[MattP]

2. Same judge who ruled Saudi Arabia had immunity for 911 and Iran liable for 7.5 billion for it

Sorry i think it was over 10 billion

[Wellstone ruled]

3. Thanks,thought this was the same Guy.

Hard Core Rethug.

[Liberalagogo]

5. Appointed by Bill Clinton....

Hard core rethug...I think not.

https://en.wikipedia.org/wiki/George_B._Daniels

[FiveGoodMen]

12. Seems to walk and quack like a duck...

[onenote]

20. so were all the judges who tossed birther suits on standing grounds also

"hard core rethugs"?

And were Barack Obama and the many Democratic House members that opposed a law that would have reversed Judge Daniels decision in the Saudi Arabia case also "hard core rethugs"?

[Wellstone ruled]

10. Suprising,

seems this Guy rules against Liberal cases quite frequently.

[Liberalagogo]

13. I think he's in the mold of

Clarence Thomas or Ben Carson.

[Wellstone ruled]

14. Reason I said this is,

articles appeared about Wall Street issues that pertained to Consumer's seemed to be ruled in favor of Corporations and Bankers.

[onenote]

19. So are these folks who also opposed allowing lawsuits against Saudi Arabia also are like Ben Carson?

Judge Richard Casey, another Clinton appointee who also reached the conclusion that under the terms of the Foreign Sovereign Immunities Act, Saudi Arabia couldn't be sued for claims arising out of the 9/11 attacks.

Barack Obama, who famously vetoed legislation designed to overturn Judge Daniels and allow lawsuits against Saudi Arabia despite knowing that Congress would override.

Maxine Waters, John Conyers, Alan Grayson, Keith Ellison, Raul Grijalva, Barbara Lee and the other 59 Democratic members of the House who stood with President Obama and voted to sustain his veto.

Equating George Daniels, who you obviously know zero about, to Clarence Thomas and Ben Carson is a colossal display of ignorance.

[ananda]

15. Thanks.

He's horrible!

[onenote]

21. So apart from his views on standing which are unquestionably correct as a matter of law

and his decision that Saudi Arabia was immune from suit under the Foreign Sovereign Immunities Act, a decision that also unquestionably was correct as a matter of law, what else has Judge Daniels done that leads you to conclude he's "horrible"?

[PoliticAverse]

6. This seems like something that the courts will throw back to Congress pointing out the Congressional

remedy of legislation or impeachment or will just deny "standing" to the groups suing
which is the more common result of lawsuits like this.

[onenote]

18. exactly

[bluestarone]

7. why is it

well i'll have a decision in a month or two? These clowns must go to the same dam school

[PoliticAverse]

8. Things like this move through the courts very slowly. n/t

[Sunlei]

9. I bet he kept the tigerskin bathrobes & solid gold necklace gifts from the Orb touch event as well

[onenote]

11. Always was going to be a tough case to bring and the attacks on Daniels are misplaced

The attacks on this judge are unseemly to say the least. He is an African-American Democrat, who started his career working for the Legal Aid Society, clerked for Rose Bird (the first female Chief Justice of the California Supreme Court, who famously was forced from office by a right wing campaign aimed at her unwavering opposition to the death penalty and support for abortion rights, including the right of poor women to have the state cover the cost of abortions). He also served as counsel to New York mayor David Dinkins, was a New York state judge and finally was appointed to the federal bench by Bill Clinton.

Of course, that hasn't stopped some DUers from calling him names.

The issue of standing is very real in this case. But you also should consider that he has rejected arguments that the emoluments clause doesn't apply to the president's private businesses.

[tomp]

16. his pedigree matters zero.

we should only be concerned about his rulings and he apparently has made some doozies.

his rulings listed above, including letting Saudi Arabia off the hook for 911, are red flags for me.

I also wondered about the standing issue in this case but who actually would have standing if not the ordinary citizen when harm is being done to the republic and not to any specific person?

[onenote]

17. Have you read his decisions

or are you just deciding they're doozies without regard to what the law actually is because you don't like the result?

And as for the standing issue, maybe you've forgotten that your argument is exactly the same one made by the birthers when they consistently and repeatedly had their cases tossed on standing grounds.

And by the way, how much of a "red flag" was it for you when President Obama vetoed legislation to effectively overturn Judge Daniels' decision (which, by the way, was not the first time a judge appointed by Bill Clinton had reached that same conclusion) or when Maxine Waters, Keith Ellison, Raul Grijalva, Barbara Lee, Alan Grayson, John Conyers and 53 other Democratic members of the House voted to sustain that veto?