Democrats’ suit against Trump over foreign payment can proceed: judge

WASHINGTON (Reuters) – A U.S. federal judge ruled on Tuesday
that Democrats in Congress can move forward with a lawsuit accusing
President Donald Trump of violating the law by accepting gifts or
payments from foreign governments through his businesses.

U.S. District Judge Emmet Sullivan denied a motion by Trump to
dismiss the lawsuit filed by 198 members of Congress. The lawmakers
charge the president violated the Constitution’s “emoluments”
clause, which prevents federal officeholders from accepting
payments from foreign governments without the “consent” of
Congress.

The constitutional provision is designed to prevent corruption
and foreign influence.

Sullivan said in his 48-page decision that he found Trump’s
attempt to narrowly define the emoluments clause to be
“unpersuasive and inconsistent.”

He said he agreed with congressional Democrats who brought the
case that the clause should be read & comment now broadly as barring an
official from taking any payment of any kind whatsoever from a
foreign state without congressional approval.

Justice Department spokeswoman Kelly Laco said: “As we argued,
we believe this case should be dismissed, and we will continue to
defend the President in court.”

Democratic U.S. Representative Jerrold Nadler called the ruling
“an important milestone in seeking to hold the President
accountable for his ongoing violations” of the emoluments
clause.

Trump, a wealthy real estate developer who as president
regularly visits his own hotels, resorts and golf clubs, maintains
ownership of his businesses but has ceded day-to-day control to his
sons. Critics have said that is not a sufficient safeguard.

The lawsuit by congressional Democrats is one of two cases
against Trump involving the emoluments clause of the U.S.
Constitution.

In the other case, Democratic attorneys general in Maryland and
the District of Columbia argued that Trump’s failure to disentangle
himself from his hotels and other businesses made him vulnerable to
inducements by foreign officials seeking to curry favor. The case
was later narrowed to focus specifically on Trump’s hotel in
Washington.

Since his election, the hotel has become a favored lodging and
event space for some foreign and state officials visiting the U.S.
capital.

A federal judge in that case also rejected Trump’s narrow view
that emoluments were limited essentially to outright bribes. But an
appeals court is reviewing the case and has temporarily frozen
evidence-gathering that could force disclosure of Trump’s financial
records.

Reporting by Eric Beech and David Alexander; Editing by Peter
Cooney

Our Standards:The Thomson Reuters Trust Principles.

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