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UNITED STATES: POLITICS: POLITICAL PARTIES: REPUBLICAN PARTY, TEA PARTY :
INDUSTRIES: PETROLEUM :
LIBERTARIANISM :
RACISM :
BIGOTRY :
EXTREMISM :
HATE GROUPS :
INTOLERANCE :
DONALD TRUMP :
BLATANT FALSEHOODS :
SERIAL LIARS :
REPUBLICAN WAR ON WOMEN :
RAPE CULTURE :
SEXISM :
NEO-NAZIS :
KU KLUX KLAN :
RELIGION: CHRISTIANS: RELIGIOUS RIGHT:
VIOLATIONS OF THE CONSTITUTION :
MEDIA SUPPRESSION :
ENVIRONMENT:
GLOBAL WARMING AND CLIMATE CHANGE: CLIMATE CHANGE DECEIT :
LEGAL ISSUES:
Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim
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Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim
By ERIC LIPTON and ADAM LIPTAK
January 22, 2017
New York Times
https://www.nytimes.com/2017/01/22/us/politics/
trump-foreign-payments-constitution-lawsuit.html
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A shorter URL for the above link:
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http://tinyurl.com/hyfx44e
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WASHINGTON A team of prominent constitutional scholars, Supreme Court
litigators and former White House ethics lawyers intends to file a lawsuit
Monday morning alleging that President Trump is violating the Constitution
by allowing his hotels and other business operations to accept payments
from foreign governments.
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The lawsuit is among a barrage of legal actions against the Trump
administration that have been initiated or are being planned by major
liberal advocacy organizations. Such suits are among the few outlets they
have to challenge the administration now that Republicans are in control
of the government.
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In the new case, the lawyers argue that a provision in the Constitution
known as the Emoluments Clause bans payments from foreign powers like the
ones to Mr. Trumps companies. They cite fears among the framers of the
Constitution that United States officials could be corrupted by gifts or
payments.
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The suit, which will not seek any monetary damages, will ask a federal
court in New York to order Mr. Trump to stop taking payments from foreign
government entities. Such payments, it says, include those from patrons at
Trump hotels and golf courses; loans for his office buildings from certain
banks controlled by foreign governments; and leases with tenants like the
Abu Dhabi tourism office, a government enterprise.
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The framers of the Constitution were students of history, said Deepak
Gupta, one of the lawyers behind the suit. And they understood that one
way a republic could fail is if foreign powers could corrupt our elected
leaders.
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The presidents son Eric Trump, who is an executive vice president of the
Trump Organization, said the company had taken more steps than required by
law to avoid legal exposure, such as agreeing to donate any profits
collected at Trump-owned hotels that come from foreign government guests
to the United States Treasury.
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This is purely harassment for political gain, and, frankly, I find it
very, very sad, he said in an interview on Sunday.
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The presidents lawyers have argued that the constitutional provision does
not apply to fair-market payments, such as a standard hotel room bill, and
is intended only to prevent federal officials from accepting a special
consideration or gift from a foreign power.
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No one would have thought when the Constitution was written that paying
your hotel bill was an emolument, one of the lawyers, Sheri A. Dillon, a
partner at Morgan Lewis, said at a news conference this month.
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The legal team filing the lawsuit includes Laurence H. Tribe, a Harvard
constitutional scholar; Norman L. Eisen, an Obama administration ethics
lawyer; and Erwin Chemerinsky, the dean of the law school at the
University of California, Irvine. Among the others are Richard W. Painter,
an ethics counsel in the administration of George W. Bush; Mr. Gupta, a
Supreme Court litigator who has three cases pending before the court; and
Zephyr Teachout, a Fordham University law professor and former
congressional candidate who has been studying and writing about the
Emoluments Clause for nearly a decade.
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snip
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The lawsuit may run into trouble, other legal experts said, given that
CREW, as the organization is known, must demonstrate that it would suffer
direct and concrete injury to give it standing to sue.
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The group says it has suffered harm by having to divert resources from
other work to monitor and respond to Mr. Trumps activities. For example,
the group said, it has answered hundreds of questions from news
organizations.
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In a 1982 decision, the Supreme Court ruled that a civil rights
organization had standing to sue because its use of black testers to see
whether landlords and home sellers were abiding by federal law had hurt
its ability to conduct other activities. But in recent decades, and
outside the context of civil rights violations, the court has often been
skeptical of broad assertions of standing.
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The complete article may be read at the URL above.
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