President Donald Trump heralded a win over the “Deep State” and the Democrats after a federal appeals court dismissed a case accusing him of violating the Constitution’s emoluments clauses in relation to his Washington, D.C., hotel.
“Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt,” Trump tweeted after the court ruling.
“Unanimous decision in my favor from The United States Court of Appeals For The Fourth Circuit on the ridiculous Emoluments Case. I don’t make money, but lose a fortune for the honor of serving and doing a great job as your President (including accepting Zero salary!).”
….serving and doing a great job as your President (including accepting Zero salary!).
— Donald J. Trump (@realDonaldTrump) July 10, 2019
The Democratic attorney generals for the District of Columbia and Maryland brought the case against the president, claiming that earnings from Trump International Hotel violated the Constitution’s prohibitions regarding office holders receiving financial benefits from government entities and officials, either foreign or domestic.
Article I, Section 9, Clause 8, reads in part, “And no Person holding any Office of Profit or Trust under them, 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.”
Additionally, Article II, Section 1, Clause 7, provides: “The President … shall not receive within that Period any other Emolument [besides his salary] from the United States, or any of them.”
The complaint alleged by maintaining ownership of his hotel business, Trump earned “millions of dollars in payments, benefits, and other valuable consideration from foreign governments and persons acting on their behalf, as well as federal agencies and state governments.”
In a unanimous decision, a three-judge panel with the 4th U.S. Circuit Court of Appeals ruled that neither the District of Columbia nor the state of Maryland has the standing to bring the suit against Trump.
“The District and Maryland’s interest in enforcing the Emoluments Clauses is so attenuated and abstract that their prosecution of this case readily provokes the question of whether this action against the President is an appropriate use of the courts, which were created to resolve real cases and controversies between the parties,” Judge Paul Niemeyer, who was appointed by George H.W. Bush, wrote in the opinion.
Wednesday’s decision by the 4th Circuit halted “dozens of subpoenas issued to Trump’s businesses and government agencies for financial documents” related to Trump International Hotel, Reuters reported.
District of Columbia Attorney General Karl Racine and Maryland Attorney General Brian Frosh contended the court made the wrong decision.
“The idea that the District of Columbia and Maryland are not harmed by the President’s violation of the Constitution is plain error,” they said in a joint statement.
“We will continue to pursue our legal options to hold him accountable.”
Trump’s personal attorney, Jay Sekulow, told Reuters the ruling is a “complete victory” for his client.
“This latest effort at presidential harassment has been dismissed with prejudice,” he said.
Since taking office, Trump has donated his $400,000 yearly salary to various government agencies each quarter.
While the press doesn’t like writing about it, nor do I need them to, I donate my yearly Presidential salary of $400,000.00 to different agencies throughout the year, this to Homeland Security. If I didn’t do it there would be hell to pay from the FAKE NEWS MEDIA! pic.twitter.com/xqIGUOwh4x
— Donald J. Trump (@realDonaldTrump) March 18, 2019
Trump has given to the departments of Education, Health and Human Services, Transportation, Interior and Veterans Affairs.
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