Blumenthal v. Trump
| Blumenthal v. Trump | |
|---|---|
| 150px | |
| United States District Court for the District of Columbia | |
| Full case name | Richard Blumenthal, et al. v. Donald J. Trump, in his official capacity as President of the United States of America |
| Date decided | Pending (filed June 14, 2017) |
| Citations | No. 1:17-cv-01154 |
| Judge sitting | Emmet G. Sullivan |
| Counsel for plaintiff(s) | Elizabeth Bonnie Wydra,[1][2] Brian Rene Frazelle,[3][2] Brianne Jenna Gorod[4][2] |
| Plaintiff(s) | Richard Blumenthal + 195 more Senators and Representatives |
| Defendant(s) | Donald Trump |
Richard Blumenthal, et al. v. Donald J. Trump, No. 1:17-cv-01154 (D.D.C. 2017), is a case pending before the United States District Court for the District of Columbia. The plaintiffs, 30 Senators and 166 Representatives,[5] allege that the defendant, Donald Trump, is in violation of the Foreign Emoluments Clause, a constitutional provision that bars the president or any other federal official from taking gifts or payments from foreign governments without the approval of Congress, of which the plaintiffs form a minority of about 35%. With lawyers from the Constitutional Accountability Center, Plaintiffs filed their complaint on June 14, 2017,[6] shortly after similar lawsuits from watchdog groups, economic competitors, and state and local governments made the news.[7][8]
The defendant was served immediately,[9] but, because President Trump was being sued in his official capacity, no official action is required before August 14, 2017.[10] There is a pending joint motion to allow an amended complaint and to push back the DOJ deadline to September 15, 2017.[11]
Contents
Background
Alexander Hamilton, one of the framers of the Constitution was concerned about foreign corruption of the new United States.[12] Towards that end, the Foreign Emoluments Clause can be seen as a measure to prevent corruption and one that has yet to be interpreted by the courts.[13][14] So the question of how to ensure foreign payments to the President or organizations which exist for the benefit of the President are not unconstitutional unauthorized payments from foreign governments has not yet been the basis of case law.
The Ranking Member of the Constitution Subcommittee of the Senate Judiciary Committee, Richard Blumenthal, the similarly situated Ranking Member of the House Judiciary Committee, John Conyers, Jr., 29 other senators and 165 other representatives[15] allege that this behavior impedes their constitutional right to be advised of such foreign payments and their duty to weigh in on potentially unauthorized emoluments.
Quotes from Complaint
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Because Defendant has failed to come to Congress and seek consent before accepting foreign emoluments that have been confirmed through public reporting, it is impossible to know whether Defendant is accepting other foreign emoluments that have not yet been made public. Indeed, through his personal attorney, Defendant has indicated that he does not believe the Constitution requires him to seek or obtain Congress’s consent before accepting benefits arising out of exchanges between foreign states and his businesses.[16]
Comparison to Previously Filed Suits
Two previously filed lawsuits were also filed against President Trump in his official capacity and duplicate many factual claims in the body of the respective complaints.[17] The primary difference with this lawsuit is that the 196 plaintiffs are current members of Congress which, by the text of the Constitution,[18] is required to be informed at least some types of payments from foreign governments so that they may vote to give consent. This constitutional requirement for the consent of Congress may give the plaintiffs of this lawsuit to have standing to sue for an infringed right to review the President's foreign-sourced income where previous lawsuits by watchdog groups, business competitors and state and local governments face different hurdles to demonstrate standing to sue.
See also
- CREW v. Trump
- D.C. and Maryland v. Trump
- List of lawsuits involving Donald Trump
- Foreign Emoluments Clause, Article I, Section 9, Clause 8 of United States Constitution
- Standing to Sue in United States Federal Court, a threshold matter which must be addressed before reaching the merits of the claims
References
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- ↑ Lua error in package.lua at line 80: module 'strict' not found. Lua error in package.lua at line 80: module 'strict' not found. FRCP Rule 4(i)(2).
- ↑ FRCP Rule 12(a)(2). FRCP Rule 6(1)(C).
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- ↑ CREW v. Trump, D.C. and Maryland v. Trump
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External links
- Copy of complaint filed in United States District Court (PDF, 54 pages, 943 KB)
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