It’s go time: The Emoluments Clause lawsuit that Maryland Attorney General Brian Frosh and D.C. Attorney General Karl Racine are bringing against President Donald J. Trump for improperly accepting gifts, or emoluments, from state and foreign governments is moving forward. Arguments for and against dismissing the case were heard Monday by Judge Peter Messitte of the U.S. District Court for the District of Maryland. The judge has promised to rule on whether the suit will proceed by the end of July.
Racine took to Twitter to remind followers of the suit’s progress.
Meanwhile, CREW Chair Norm Eisen tweeted about the judge’s remarks, which were, it seems, a bit unusual.
Does that mean that the judge won’t try to punt? Perhaps.
As for Trump, his team’s claimed that he cannot be sued (although he’s being sued in both personal and professional capacities), that the proceeds from business stays are not emoluments, and that the Trump Organization has donated profits from foreign government patrons to the Treasury. (As to the latter claim: Although they offered the figure of $151,470, no one knows how they arrived at it.)
They’d better hone their arguments—starting now.
Trump’s also facing an emoluments suit brought by 200 congressional Democrats, who say that Trump has to ask Congress for permission to accept emoluments. (Citizens for Responsibility and Ethics in Washington also brought an emoluments claim but failed to establish standing; granted, they’re appealing.)
Whether Trump wins or loses the suit in the end, it’ll be a major victory for democracy if Frosh and Racine proceed to discovery—ditto the congressional Democrats, of course—because they’re after Trump’s financial records, which he’s so far refused to disclose.