Posted on 10/19/2019 7:21:17 AM PDT by yesthatjallen
A federal appeals court has revived a lawsuit brought by Maryland and the District of Columbia that challenges President Donald Trump's ownership of a luxury hotel five blocks from the White House.
A three-judge panel of the 4th Circuit Court of Appeals ordered the case dismissed in July. But the full appeals court agreed late Tuesday to rehear the case, which has the effect of wiping out the panel's ruling and giving Maryland and D.C. another chance to argue their case, claiming that Trump's holdings present a conflict between his business profits and the nation's interest.
D.C. Attorney General Karl Racine and Maryland Attorney General Brian Frosh praised the appeals court's action, saying, "We look forward to arguing our case before the full panel to stop President Trump from violating the Constitution and profiting from the presidency.
They claim that Trump's hotel ownership violates the Constitution's emolument's clauses, which bar the president from receiving "any present, emolument, office or title of any kind whatever from any king, prince or foreign state" or any state in the U.S. Their lawsuit, filed in 2017, said he improperly benefits financially whenever foreign or state governments patronize the Trump Hotel on Pennsylvania Avenue.
The suit said the hotel was unfairly competing with D.C.'s convention center and Maryland's National Harbor development, both of which earn local tax revenue and help area businesses.
SNIP
(Excerpt) Read more at nbcnews.com ...
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Trump’s hotel doesn’t pay local taxes, hire locals, and help local businesses? This is all orange man bad, nothing more.
Meanwhile the Clinton Foundation’s millions of dollars from foreign countries while HRC was SOS was ok....
Upside down world.
They may have a point. The trick is to avoid the APPEARANCE of impropriety. There’s money involved here, lots of it. Legal defenses and challenges are just a cost of doing business. The Clintons were notorious.
It’s very specific to Nobility.
So they rooms were never rented before Trump became president???
Amazing.0
Its very specific to Nobility.
That rules me out. No Ability.
Contrary to popular belief, the 4th Circuit, not the Ninth Circuit is the most radically left court in the country. The Obama judges that were appointed to the court are among the most activist/communist in the nation. For instance Stephanie Thacker makes RBG look like Scalia.
The only difference between the 9th Circuit and the 4th is that the later is smaller so when President Trump made his three appointments, he was able to close the gap so that panel decisions might turn out conservative.
En Banc, the Court is going to side with the Democrat/Left position each and every time.
As long as his hotel charges the normal rates to the foreign govt there is no gift.
We have to make certain that no successful businessman ever dares try to assume high office and start running the country efficiently again. Only community organizers like Hussein and grifters like Bernie Sanders, people who have never earned an honest dime in their lives need apply.
How does one bribe a successful billionaire anyway?
As Mulveny correctly stated in the press conference the other day 'Trump got over that a long time ago'.
Judicial Witch Hunt.
This is total BS. The courts in our day and age have become an extra-legislative body and have strayed far from their legitimate function and place.
One important ethics consideration that government employees are trained on annually is that an employee of the federal government (members of the military especially) may not accept a benefit if it is not offered to the general public, or to all members of the group. So, I can accept free tickets if they are offered to all government employees equally. I can accept free tickets if I am one of the first 500 to show up for a special promotion. But I cannot accept them if they are given because, for example, a business is hoping I will decide in their favor on a contract award.
The President, through his hotels, does not target members of foreign governments to stay in his hotels. He does not give them special rates that he does not offer to ordinary members of the public. He rents them rooms in a manner consistent with the business model he has used for the past several decades. Thus, there is no appearance of impropriety and no violation of ethics rules.
This is a stark contrast to most (liberal) politicians who use their power and influence for personal gain all the time. They atone for it by imposing strict ethical rules on those of us who work for the government. Sorry, libs, you cannot erase bad karma by forcing others to act more ethically than the general public. That isnt how karma works.
Well in a normal world if he in his capacity of being president was not profiting from his hotel the suit would be dead in the water. “Emoluments” is archaic and the original meaning and understanding of that may not be grasped even by courts. Especially ones with an anti-Trump bias.
The whole intent of that clause was so that the office holder would not be compromised or corrupted by dealings with foreign powers because as President he had accepted gifts or titles that benefited him.
Nobody is buying influence with Trump. Even though he doesn’t have to; I believe he gives all profits from foreigners using his facilities to the government.
You're gonna need bigger lamp posts!
When NBC reported this did they mention Trump donates his presidential salary or that this high secure location might be offered at cost ?
That is one vector that must be considered. The second is that there is no favor granted with regards to the selection process.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.