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In Emoluments case, federal judges split on oversight of Trump hotel
15 federal judges met in Richmond today to hash out whether they should police the Trump hotel.
One judge didn't think too much of the Emoluments suit.
"It's the weakest of the cases that are springing up like Jimson weed against the president," he said
Link to tweet
‘We have no history to guide us:’ In Emoluments case, federal judges split on oversight of Trump hotel
By Graham Moomaw -December 12, 2019
It was Judge J. Harvie Wilkinson III who really got the airplane metaphors flying as he talked about how the federal courts should handle the Trump International Hotel.
Letting a legally unprecedented lawsuit seeking to rein in President Donald Trump’s business dealings proceed, Wilkinson said in a Richmond courtroom Thursday, would be like hopping on a plane with no idea where it would end up. ... “We have no history to guide us,” Wilkinson said.
Lawyers pursing the case against the president said that plane would land somewhere better, where the U.S. Constitution’s previously obscure Emoluments Clause would serve as a check on presidents whose private business interests — like the Trump International Hotel in Washington — could allow foreign actors to buy access or favorable treatment. ... Lawyers representing Trump said the plane would definitely crash.
The Richmond-based 4th U.S. Circuit Court of Appeals, they said, could mitigate any damage to the presidency by stepping in and making sure it never gets off the ground. ... After several hours of questioning from a full complement of 15 judges, it was unclear Thursday if the appeals court would heed the president’s request to stop the lawsuit early rather than allowing it to proceed in a lower court. This summer, a three-judge appellate panel in the 4th Circuit granted a motion to dismiss the case. In Thursday’s en banc hearing, a broader group of judges were weighing whether to revisit that decision. Their official opinion will come later.
....
Graham Moomaw
A veteran Virginia politics reporter, Graham grew up in Hillsville and Lynchburg, graduating from James Madison University and earning a master's degree in journalism from the University of Maryland. Before joining the Mercury, he spent six years at the Richmond Times-Dispatch, most of that time covering the governor's office, the General Assembly and state politics. He also covered city hall and politics at The Daily Progress in Charlottesville. Contact him at gmoomaw@virginiamercury.com
By Graham Moomaw -December 12, 2019
It was Judge J. Harvie Wilkinson III who really got the airplane metaphors flying as he talked about how the federal courts should handle the Trump International Hotel.
Letting a legally unprecedented lawsuit seeking to rein in President Donald Trump’s business dealings proceed, Wilkinson said in a Richmond courtroom Thursday, would be like hopping on a plane with no idea where it would end up. ... “We have no history to guide us,” Wilkinson said.
Lawyers pursing the case against the president said that plane would land somewhere better, where the U.S. Constitution’s previously obscure Emoluments Clause would serve as a check on presidents whose private business interests — like the Trump International Hotel in Washington — could allow foreign actors to buy access or favorable treatment. ... Lawyers representing Trump said the plane would definitely crash.
The Richmond-based 4th U.S. Circuit Court of Appeals, they said, could mitigate any damage to the presidency by stepping in and making sure it never gets off the ground. ... After several hours of questioning from a full complement of 15 judges, it was unclear Thursday if the appeals court would heed the president’s request to stop the lawsuit early rather than allowing it to proceed in a lower court. This summer, a three-judge appellate panel in the 4th Circuit granted a motion to dismiss the case. In Thursday’s en banc hearing, a broader group of judges were weighing whether to revisit that decision. Their official opinion will come later.
....
Graham Moomaw
A veteran Virginia politics reporter, Graham grew up in Hillsville and Lynchburg, graduating from James Madison University and earning a master's degree in journalism from the University of Maryland. Before joining the Mercury, he spent six years at the Richmond Times-Dispatch, most of that time covering the governor's office, the General Assembly and state politics. He also covered city hall and politics at The Daily Progress in Charlottesville. Contact him at gmoomaw@virginiamercury.com
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