The Emolument Suit Against Trump That Is Moving Ahead


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Nov 14 2018 18 mins   1

There’s lots of talk about congressional investigations of the Trump administration that may be coming. Meanwhile, there is already a push to pull back the veil on the president’s conflicts. And it’s making progress.


This month, a federal judge ruled that Maryland and Washington, D.C., can move ahead with a lawsuit claiming the president has violated the Constitution’s Emoluments Clause, which bars presidents from accepting payments from foreign and state governments without congressional approval. That means the president may soon have to turn over all sorts of documents related to his businesses.  


We spoke about the case with one of the lawyers behind it, District of Columbia Attorney General Karl Racine.


Racine explains that the Emoluments Clause is the “country's first anticorruption law.” The framers created it to “ensure that a president the United States as well as other federal officers would be loyal to the interest of the United States, not to their purses or to their pocketbooks.”  


The Department of Justice has fought the case, disputing that the president is violating the Emoluments Clause. “This case, which should have been dismissed, presents important questions that warrant immediate appellate review,” a department spokesman said after the judge’s order.


Racine also talked with us about what exact documents they’re hoping to get, and the time a Republican Congress investigated whether another president was receiving emoluments. (He wasn’t.)