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theodore M I R A L D I mpa ... editor, publisher, writer
Friday, December 22, 2017
Judge DISMISSES Emoluments Clause Lawsuit Against Trump
Citizens for Responsibility and Ethics said president was benefiting from foreign government cash
A federal judge in New York dismissed one of the lawsuits against President Trump’s business dealings, ruling Thursday that a watchdog group didn’t have standing to challenge whether the president’s continued connection to his hotel chain violates the Constitution’s emoluments clause.
Citizens for Responsibility and Ethics in Washington had sued, saying that the president was benefiting from foreign government cash when employees of those governments held events or stayed at Trump hotels. The emoluments clause prevents the president from accepting a gift from another government without the consent of Congress.
But Judge George B. Daniels, sitting in the Southern District of New York, said the group wasn’t able to bring the action.
“Plaintiffs have failed to properly allege that defendant’s actions caused plaintiffs competitive injury and that such an injury is redressable by this court,” he wrote.
The New York challenge is one of several that have been brought against Mr. Trump over his refusal to completely disassociate himself from his business empire. He has removed himself from day-to-day operations, leaving his sons in charge, but still earns money from the hotels, golf courses and other properties.
A challenge is still pending in federal court in Washington, brought by Sen. Richard Blumenthal, a Connecticut Democrat.