Posted on 01/23/2017 6:09:08 AM PST by detective
A liberal watchdog group says it plans to file a lawsuit against President Trump in federal court on Monday alleging that he is in violation of a little-known constitutional provision that bars him from taking gifts or payments from foreign governments.
The group, Citizens for Responsibility and Ethics in Washington, said that because Trump-owned buildings take in rent, room rentals and other payments from foreign governments, the president has breached the Emoluments Clause. That clause in the Constitution says that “no Person holding any Office of Profit or Trust under [the United States], 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.” It was written out of fear that the young republic’s leaders or ambassadors could be bought off by a richer European power.
(Excerpt) Read more at msn.com ...
Snowball fight in hell.
If no one had standing to sue to require compliance with Article II, (natural born citizen) then no one has standing to sue for any other constitutional requirement.
Now watch the Judiciary use a different standard for Liberals than they have used on conservatives. Every Tom, Dick and Harry Liberal will suddenly have "standing" to sue.
The first judge hearing this should throw it out with prejudice and seek sanctions on the attorneys bringing the patently wasteful legal action.
And they are wrong not only on the facts but also on the Constitution
Does he actually own the hotels, or just rent out his name?
In any case, Trump does not personally receive any payments. They are received by a corporation that is owned by another corporation that is owned by another corporation that is owned by a mix of public stockholders, hedge funds, and Donald Trump or his relatives.
When the Constitution was written, none of this existed. I would expect a quick dismissal based on the simple principle that Trump is not the legal entity receiving any payments.
Why didn’t they sue Obama for allowing illegal aliens to stay in the U.S.?
Tit for tat for Birth Certificate suits for obozo.
And these won’t even get as far as those did.
While we are at it, Big Ag tycoon George Washington should also be impeached for the profits he made overseas while president.
Need to make an issue of this group. This is what Democrats do!
But beyond that, the Constitution text appears to not care about foreign Emolument, merely from any one State of the US:
"and he shall not receive within that Period any other Emolument from the United States, or any of them. "
You can twist that clause any way you want to fit any scenario. Don’t President’s accept gifts from foreign governments, for example the bust of Winston Churchill? Isn’t Trump’s businesses a Corporation? Are they talking about personal gifts or business transactions?
The group will file suit to a friendly far left judge in the West, It will go to the 9th Circus and finally have to be resolved by the Supreme Court.
In the meantime the media and faux outraged protesters will play it non-stop once a district court rules.
So...they’ll be going after the Clinton Foundation next, right?
They are liberals. They sue only conservatives. They’re trying to make another name for themselves, dufus.
which is why I said what I said
These are not "emoluments" because they did not begin after Trump took office.
These were existing business transaction cash flows that existed prior to Trump becoming President.
One could argue that a particular foreign government only began staying at Trump hotels after he became President, but if that renting of hotel rooms replaces another rental, then the net cash flow effect to Trump is zero, suggesting that there was no emolument because there was no gain to Trump.
-PJ
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