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Democrats’ Emoluments Clause Lawsuit Against President Trump Is Dead: SCOTUS Justices refused to hear an appeal by 215 Senate and House of Representatives Democrats
Hotair ^ | 10/13/2020 | John Sexton

Posted on 10/13/2020 9:07:12 PM PDT by SeekAndFind

The Supreme Court has refused to take up an emoluments case filed by Democrats back in 2017. That means the lower court ruling that Democrats do not have standing to bring the case will stand. This little corner of the resistance is dead:

The Supreme Court on Tuesday put an end to a lawsuit brought by congressional Democrats that accused President Donald Trump of violating anti-corruption provisions in the U.S. Constitution with his business dealings.

The justices refused to hear an appeal by 215 Senate and House of Representatives Democrats of a lower court ruling that found that the lawmakers lacked the necessary legal standing to bring the case that focused on the Republican president’s ownership of the Trump International Hotel in Washington…

In the case brought by congressional Democrats, the U.S. Court of Appeals for the District of Columbia Circuit in February ruled that individual members of Congress have limited ability to litigate questions affecting the legislative branch as a whole.

One more little tidbit worth noting here. Guess which judge was all for letting this case go forward initially:

The congressional case reached the D.C. appeals court after Judge Emmet G. Sullivan cleared the way for lawmakers to issue 37 subpoenas seeking financial information, interviews and other records, including ones related to Trump Tower and his Mar-a-Lago Club in South Florida.

But that request was put on hold after the appeals court stepped in midstream and intervened — at Trump’s request and with Sullivan’s consent — to consider the untested separation-of-powers issues.

If that name sounds familiar it’s because Judge Sullivan is the same judge still refusing to dismiss the case against Michael Flynn.

In order to really appreciate this win, it’s necessary to walk back through the entire history of emoluments clause lawsuits. It began even before Trump was inaugurated when Richard Painter took over a position held by David Brock as Vice-Chairman of the board for a left-leaning group called Citizens for Responsibility and Ethics in Washington (CREW). Painter and board chairman Norm Eisen co-wrote a piece for the Atlantic headlined “Trump Could Be in Violation of the Constitution His First Day in Office.

In January 2017, days after Trump’s inauguration, CREW announced plans to file a lawsuit along these lines, alleging that, in particular, Trump’s hotel put him in violation of the emoluments clause forbidding the acceptance of payments from foreign dignitaries. Here’s a bit of what the NY Times reported back then about the people behind the lawsuit. Right away there was a potential problem with the lawsuit:

The plaintiff in the lawsuit is a liberal group known as Citizens for Responsibility and Ethics in Washington, which until recently was controlled by David Brock, a Democratic Party operative and fervent supporter of Hillary Clinton’s campaign…

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.

As predicted, the lawsuit did have a problem with standing, so in April 2017 CREW announced it was expanding the lawsuit:

The revised complaint by Citizens for Responsibility and Ethics in Washington, or CREW, is an effort to address what some saw as a critical weakness in the group’s original lawsuit: the lack of a clear victim who could claim injuries resulting from Mr. Trump’s failure either to sell off his business holdings or to place them in a blind trust.

Then in June 2017, Democrats jumped on the bandwagon announcing they would file their own version of the lawsuit. Their hope was that Congress would be able to establish standing:

“We’ll be suing to stop his violations of the emoluments clause,” senior House Judiciary member Jerry Nadler (D-N.Y.) confirmed in an interview. The lawsuit won’t be filed until next week at the earliest but dozens of Democrats on both sides of the Capitol have already signed on in support, Nadler said…

Sen. Richard Blumenthal (D-Conn.), who is spearheading the emoluments effort in the upper chamber, told POLITICO that “there have been extensive discussions” recently on moving forward with legal action…

“Members of Congress we say have standing because the emoluments clause says without the permission of Congress, you can’t accept any gift, etc., etc., from a foreign state,” Nadler said. “We are injured by being denied our right to vote on this, that’s our standing.”

So here we are nearly 3 1/2 years later and despite the best efforts of Rep. Nadler, Sen. Blumenthal, Judge Sullivan and dozens of other elected Democrats, the Supreme Court just let the air out of this balloon once and for all.

The Democrats’ case is done but there are still two similar lawsuits, one brought by two attorneys general and the CREW lawsuit. That lawsuit was dismissed back in December 2017 but was reinstated in 2019 and is still ongoing. If Trump wins re-election next month, we’ll probably see a surge of renewed interest in the case.



TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: corruptemmet; corruptsullivan; dccircuit; dcdistrict; dirtyemmet; dirtysullivan; emmetsullivan; emolumentsclause; judiciary; lawsuit; politicaljudiciary; rapinbilljudge; resistancejudge; scotus; supremecourt; supremes

1 posted on 10/13/2020 9:07:12 PM PDT by SeekAndFind
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To: SeekAndFind

IF we had an honest media, there would be no Democrat (Communist) Party.

Now, if they steal the election and force communism on us, there will be no living Democrats.

Say, it may be our turn to water the tree.


2 posted on 10/13/2020 9:12:54 PM PDT by datura
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To: SeekAndFind

There was a time Maxine Waters was all over the emoluments clause...she really was convinced they were going to hang that on him.

I have come to believe that it was simply a complicated sounding word that she thought made her sound intelligent saying it. That’s it.


3 posted on 10/13/2020 9:32:38 PM PDT by rlmorel ("Leftism is the plaything of a society with too much time on its hands." - Candace Owens)
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To: SeekAndFind

he ACB nomination just keeps paying off, even before she is actually confirmed Its keeping Roberts honest for a change.


4 posted on 10/13/2020 9:52:33 PM PDT by SmokingJoe
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To: All

WHY THERE’SO SUCH THING AS TRUE DEMOCRATS IN CONGRESS
BECAUSE THE (in name only Democrats) DEMONS DID NOT LIKE THE VOTING OF CONGRESSMAN DAN LIPINSKI AND HIS NON SUPPORT OF ABORTION OR BEING THE ONLY DEMOCRAT CONGRESS MEMBER VOTING AGAINST ALLOWING MALES TO CLAIM THEY’RE FEMALE IN COLLEGE SPORTS.

THEY USED THE RECENT 2020 PRIMARY IN THE 3RD CONGRESSIONAL DISTRICT ELECTION. TO GET THE DUMP LIPINSKI RESULTS THEY WANTED WHICH WAS THROUGH REDISTRICTING THE AREA . NOT ONLY THE CONGRESSIONAL DISTRICT BUT THE WARDS IN THE AREA THAT SUPPORTED HIM
USING THE 2012 23RD WARD REMAP THAT HAD FRAGMENTED THE ORIGINAL WARD AND REDUCED THE NUMBER OF PRECINCTS TO 39. IT ALSO LOCATED THE EXISTING 23RD WARD DEM OFFICES TO THE 14TH WARD AND REMOVED THE COMMUNITIES OF WEST LAWN, VITTUM PARK, ALONG WITH MAJOR PARTS OF GARFIELD RIDGE AND ARCHER HEIGHTS. THIS HAD VOTERS WONDER WHAT WARD THEY WERE LIVING IN AND WHERE THE POLLING PLACE WAS TO GO VOTE

IN THIS 2020 PRIMARY THEY CREATED COVID RELOCATIONS OF POLLING PLACES FOR THIS PRIMARY SURROUNDING CHICAGO MIDWAY AIRPORT WHICH OF COURSE AFFECTED TURNOUT
BY DOING SO.PROVED TRUE CONSERVATIVES IN CONGRESS ARE NO LONGER TOLERATED BY TODAYS SO CALLED DEMOCRATIC PARTY

HISTORY AND AREA HOW IDENTITY POLITICS AND WARD RE MAPPING DESTROYED THE COMMUNITIES WITHIN
.http://www.theusmat.com/mdwbea.htm


5 posted on 10/13/2020 9:53:37 PM PDT by mosesdapoet (mosesdapoet aka L.J.Keslin posting here for the record hoping somebody might read and pass around)
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To: SeekAndFind

The demon craps. have clearly run out of ammo!!!!!


6 posted on 10/13/2020 10:00:13 PM PDT by Truthoverpower (The guv-mint you get is the Trump winning express ! Yea haw ! Trump Pence II! Save America again)
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To: SeekAndFind
😂😂😂😂😂😂😂 One of the stupidest law suits ever
7 posted on 10/13/2020 10:40:27 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: SeekAndFind

Democrats never get tired of losing.


8 posted on 10/14/2020 12:41:32 AM PDT by oldenuff35
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To: mosesdapoet

So what you’re saying is that the Democrat Party apparatchik that was eased into Lipinski’s seat, Marie Newman, is a godless Commie whore.


9 posted on 10/14/2020 2:35:08 AM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: SeekAndFind

Do the justices vote on whether to hear the case? Would love to know what that vote was.


10 posted on 10/14/2020 4:26:40 AM PDT by dartuser
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To: dartuser

They never announce that. At least 4 justices have to vote in favor to grant cert.


11 posted on 10/14/2020 4:48:44 AM PDT by MortMan (Shouldn't "palindrome" read the same forward and backward?)
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To: MortMan

Since its currently an 8 justice court … would it have to have been at least a 4-4 tie to deny or would it have to be at least a 5-3 majority?


12 posted on 10/14/2020 5:42:18 AM PDT by dartuser
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To: dartuser

At least 4 justices need to vote to grant cert, no matter the number being 8 or 9.


13 posted on 10/14/2020 5:54:35 AM PDT by MortMan (Shouldn't "palindrome" read the same forward and backward?)
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