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Judge Rules Trump Must Face Lawsuit Over Charitable Foundation

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A New York judge denied a request made by President Donald Trump and his family to dismiss a lawsuit against them and their foundation.

The suit alleges that the Trump Foundation broke state laws for more than a decade. New York state Attorney General Barbara Underwood claims Trump misused the foundation “for his own personal benefit,” CNBC reported.

Justice Saliann Scarpulla of the New York State Supreme Court made her ruling Friday after Trump’s attorney’s argued that the case should be dismissed because of the Supremacy Clause of the Constitution, which suggests that a sitting president may not be sued.

The Trump Foundation’s attorneys also argued that the state court lacks jurisdiction over the president, which Scarpulla rejected.

The judge dismissed that argument on the grounds that the state court would not be exercising “direct control” over the president in a way that interferes with his office.

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“Here, the allegations raised in the Petition do not involve any action taken by Mr. Trump as president and any potential remedy would not affect Mr. Trump’s official federal duties,” Scarpulla wrote in her ruling.

The Manhattan-based judge went on to say that the defendants, “failed to cite a single case in which any court has dismissed a civil action against a sitting president on Supremacy Clause grounds.”

“I find that I have jurisdiction over Mr. Trump and deny Respondents’ motion to dismiss the petition against him on jurisdictional grounds,” Scarpulla wrote.

The ruling will clear the way for Underwood to pursue a civil lawsuit against not only the president but his three oldest children.

Underwood brought the suit due to an investigation conducted by her predecessor, Eric Schneiderman, a “frequent trump critic” who resigned his post after he was accused of assault by four women, USA Today reported.

Underwood praised Scarpulla’s decision saying that, “the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump’s business and political interests,” CNBC reported.

“There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation. We welcome Justice Scarpulla’s decision, which allows our suit to move forward,” Underwood said.

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An attorney for the Trump Foundation told CNBC that this is not yet a victory for Underwood.

“The decision means only that the case goes forward,” the foundation’s attorney said.

“As we have maintained throughout, all of the money raised by the Foundation went to charitable causes to assist those most in need. As a result, we remain confident in the ultimate outcome of these proceedings.”

When the case was first brought in June of this year, the president responded via Twitter, where he called those involved “sleazy New York Democrats” and said that he gave more to charity than what was taken into the foundation.

The president also pointed out that the state attorney general who opened the investigation was a staunch supporter of Hillary Clinton in the 2016 election.

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Savannah Pointer is a constitutional originalist whose main goal is to keep the wool from being pulled over your eyes. She believes that the liberal agenda will always depend on Americans being uneducated and easy to manipulate. Her mission is to present the news in a straightforward yet engaging manner.
Savannah Pointer is a constitutional originalist whose professional career has been focused on bringing accuracy and integrity to her readers. She believes that the liberal agenda functions best in a shroud of half truths and misdirection, and depends on the American people being uneducated.

Savannah believes that it is the job of journalists to make sure the facts are the focus of every news story, and that answering the questions readers have, before they have them, is what will educate those whose voting decisions shape the future of this country.

Savannah believes that we must stay as informed as possible because when it comes to Washington "this is our circus, and those are our monkeys."
Birthplace
Houston, Texas
Location
East Texas
Languages Spoken
English
Topics of Expertise
Politics




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