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Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim
New York Times ^ | 01/23/2017 | By ERIC LIPTON and ADAM LIPTAK

Posted on 01/23/2017 1:22:42 PM PST by SeekAndFind

WASHINGTON — A team of prominent constitutional scholars, Supreme Court litigators and former White House ethics lawyers intends to file a lawsuit Monday morning alleging that President Trump is violating the Constitution by allowing his hotels and other business operations to accept payments from foreign governments.

The lawsuit is among a barrage of legal actions against the Trump administration that have been initiated or are being planned by major liberal advocacy organizations. Such suits are among the few outlets they have to challenge the administration now that Republicans are in control of government.

In the new case, the lawyers argue that a provision in the Constitution known as the Emoluments Clause bans payments from foreign powers like the ones to Mr. Trump’s companies. They cite fears among the framers of the Constitution that United States officials could be corrupted by gifts or payments.

The suit, which will not seek any monetary damages, will ask a federal court in New York to order Mr. Trump to stop taking payments from foreign government entities. Such payments, it says, include those from patrons at Trump hotels and golf courses; loans for his office buildings from certain banks controlled by foreign governments; and leases with tenants like the Abu Dhabi tourism office, a government enterprise.

“The framers of the Constitution were students of history,” said Deepak Gupta, one of the lawyers behind the suit. “And they understood that one way a republic could fail is if foreign powers could corrupt our elected leaders.”

The president’s son Eric Trump, who is an executive vice president of the Trump Organization, said the company had taken more steps than required by law to avoid legal exposure, such as agreeing to donate any profits collected at Trump-owned hotels that come from foreign government guests to the US Treasury.

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: constitution; foreigners; lawsuit; trump
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1 posted on 01/23/2017 1:22:42 PM PST by SeekAndFind
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To: SeekAndFind

Didn’t Trump transfer ownership of all his properties to his sons?


2 posted on 01/23/2017 1:23:53 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: BenLurkin

This suit response should just say GFY.


3 posted on 01/23/2017 1:24:29 PM PST by Mouton (The insurrection laws maintain the status quo now.)
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To: SeekAndFind

All politics. 100%. Saul Alinsky.


4 posted on 01/23/2017 1:24:29 PM PST by Steely Tom (Liberals think in propaganda)
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To: SeekAndFind

No standing. Frivolous lawsuit. Fake news. Propaganda. Pathetic NYT hit piece.


5 posted on 01/23/2017 1:27:17 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: SeekAndFind

Nuisance lawsuit, and they know it. Should be LAUGHED out of court.


6 posted on 01/23/2017 1:28:11 PM PST by backwoods-engineer (Trump won; I celebrated; I'm good. Let's get on with the civil war now.)
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To: SeekAndFind

Where were the law suits re THE CLINTOON FOUNDATION AND MONEY LAUNDERING OPERATION, when the Hildabeast was SOS ?


7 posted on 01/23/2017 1:28:54 PM PST by nopardons
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To: SeekAndFind

Deepak Gupta?

http://guptawessler.com/people/deepak-gupta/

Used to work for Elizabeth Warren?

Alliance for Justice
http://www.afj.org/about-afj

Committed to Progressive values.

That’s all I need to know.


8 posted on 01/23/2017 1:29:36 PM PST by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: SeekAndFind

The whole point of this is to get negative reports in the marxist media. Nothing more.

Fake News.


9 posted on 01/23/2017 1:32:18 PM PST by Lopeover (The 2016 Election is about allegiance to the United States!)
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To: SeekAndFind
Emoluments are payments that result from being in office. 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

10 posted on 01/23/2017 1:33:04 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: NormsRevenge

Lawrence tribe ( Al Gore’s lawyer before the SCOTUS in the 2000 elections is on the team ). From the article:

The legal team filing the lawsuit includes Laurence H. Tribe, a Harvard constitutional scholar; Norman L. Eisen, an Obama administration ethics lawyer; and Erwin Chemerinsky, the dean of the law school at the University of California, Irvine. Among the others are Richard W. Painter, an ethics counsel in the administration of George W. Bush; Mr. Gupta, a Supreme Court litigator who has three cases pending before the court; and Zephyr Teachout, a Fordham University law professor and former congressional candidate who has been studying and writing about the Emoluments Clause for nearly a decade.


11 posted on 01/23/2017 1:33:11 PM PST by SeekAndFind (q)
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To: SeekAndFind

Stupid beyond belief. Lawyers need to be fined and jailed for wasting courts time on frivolous lawsuits.

Payment for goods and services rendered, are not emoluments.

I am not a lawyer and even I know this.


12 posted on 01/23/2017 1:34:30 PM PST by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: SeekAndFind
A team of prominent constitutional scholars, Supreme Court litigators and former White House ethics lawyers...

White House ethics lawyers...

Couldn't stop Hillary Clinton from lying, breaking the law, advocating for funding and arming the Muslim Brotherhood and Al Qaeda?

They couldn't recognize two traitors when they rubbed elbows with them?

The bona fides of these people sucks.

13 posted on 01/23/2017 1:34:47 PM PST by DoughtyOne (Obama, Clinton, McStain, and Graham, with people like this, who needs enemies?)
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To: SeekAndFind

As I read this I remember how Liberal Groups pummeled Governor Palin with law suits.


14 posted on 01/23/2017 1:34:57 PM PST by Retired Chemist
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To: nopardons

“Where were the law suits re THE CLINTOON FOUNDATION AND MONEY LAUNDERING OPERATION, when the Hildabeast was SOS ?”

This ^^^^^. This is also what makes it so hypocritical.


15 posted on 01/23/2017 1:35:00 PM PST by Parley Baer
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To: SeekAndFind

I think they will have a hard time making it stick. If a foreign government books it’s people into a Trump hotel then it isn’t an emolument, it’s payment for goods or services received.


16 posted on 01/23/2017 1:36:27 PM PST by DoodleDawg
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To: Parley Baer

Which is WHY I posted what I did. ;^)


17 posted on 01/23/2017 1:36:54 PM PST by nopardons
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To: SeekAndFind

Can they be counter-sued for filing frivolous suits?


18 posted on 01/23/2017 1:37:30 PM PST by Mr. K ( Trump kicked her ass 2-to-1 if you remove all the voter fraud.)
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To: SeekAndFind

“Obama administration ethics lawyer; “

That right there is funny, I don’t care who you are.

Brilliant legal minds, but no standing.

Did I say “brilliant?”

5.56mm


19 posted on 01/23/2017 1:43:27 PM PST by M Kehoe
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To: SeekAndFind

Payment is for services rendered, not an emolument.

Someone needs to be sanctioned by the court for this waste of time.


20 posted on 01/23/2017 1:54:13 PM PST by exit82 (Making America Great Again begins with........me.)
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