Published 19:18 IST, May 14th 2020
Court reinstates lawsuit over Trump's hotel profits
A federal appeals court has revived a lawsuit accusing President Donald Trump of illegally profiting off the presidency through his luxury Washington hotel.
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A federal appeals court has revived a lawsuit accusing President Donald Trump of illegally profiting off presidency through his luxury Washington hotel.
lawsuit brought by state of Maryland and District of Columbia claimed Trump has violated emoluments clause of Constitution by accepting profits through foreign and domestic officials who stay at Trump International Hotel.
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U.S. District Judge Peter Messitte refused to dismiss lawsuit, but his ruling was overturned in July by a three-judge panel of Richmond-based 4th U.S. Circuit Court of Appeals. judges found that two jurisdictions lack standing to pursue ir claims against president and granted a rare writ of mandamus, directing Messitte to throw out lawsuit.
But on Thursday, panel's ruling was overturned by full court of 15 judges. In a 9-6 ruling, a divided court found that three-judge panel overstepped its authority when it ordered Messitte to dismiss lawsuit.
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hotel, just blocks from White House, quickly became a hot spot for lobbyists and foreign officials after it reopened in 2016 shortly before Trump was elected president.
Trump’s lawyers h argued that Maryland Attorney General Brian Frosh and District Attorney General Karl Racine — both Democrats — lack authority to sue president in his official capacity. y also insisted that emoluments clause only bars compensation me in connection with services provided in his official capacity or in “an employment- relationship” with a foreign or domestic government.
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Frosh and Racine argued that hotels in ir jurisdictions suffer “competitive injury” because officials hoping to curry favor with president are more likely to stay at his hotel.
In October, Trump’s company said it is exploring sale of hotel after nearly three years of complaints alleging he is profiting off presidency. Trump Organization said it will consider offers to buy out 60-year lease on hotel.
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lawsuit brought by Maryland and District of Columbia was one of several that accuse Trump of illegally profiting off presidency through his business interests.
In February, a federal appeals court in Washington dismissed a lawsuit filed by Democratic members of Congress who accused president of violating emoluments clause by accepting benefits to his businesses from foreign governments without congressional approval.
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court did t rule on wher Trump violated law. It just found that 29 senators and 186 members of House of Representatives involved in lawsuit “do t constitute a majority of eir body" of Congress and refore didn't have power to bring lawsuit.
19:18 IST, May 14th 2020