The Foreign Emoluments and Domestic Emoluments clauses ban those in public office from receiving cash or gifts.
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If Washington, Obama, or any other president violated the emoluments clause, that simply means that they violated the emoluments clause.
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Another provision, known as the Domestic Emoluments Clause, prohibits the president from accepting any emoluments from any of the states.
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Emoluments debate Some critics say the payments may violate a provision of the Constitution known as the domestic emoluments clause.
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The second is the domestic emoluments clause, which forbids the president from receiving emoluments from the US or any state.
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Trump lawyers argue that emoluments should be narrowly defined as gifts and that payments in exchange for services don't constitute emoluments.
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One of the Constitution's emoluments provisions bars U.S. officials from accepting gifts or other emoluments from foreign governments without congressional approval.
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As a result, he has received (and will continue to receive) 'presents' and 'emoluments' prohibited by the Foreign and Domestic Emoluments Clauses.
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Only Congress or a court has the authority to stop emoluments clause violations, legal experts sayTrump is already facing three separate lawsuits alleging emoluments violations.
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Emoluments -- Trump has asked a federal appeals court to reconsider the decision it made to revive a case questioning his compliance with the Constitution's emoluments clause.
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This emoluments case was one of three ongoing constitutional challenges to Trump and his business, alleging that the President is violating the anti-corruption emoluments clause.
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The case is one of three filed last year accusing Trump of violating the Domestic Emoluments Clause and the Foreign Emoluments Clause — two provisions of the US Constitution that prohibit federal officials from receiving "emoluments," generally defined as payments or other financial benefits, from domestic or foreign government actors.
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On Tuesday, a U.S. federal judge denied Trump's motion to dismiss one of the emoluments lawsuits against him, saying Trump's narrow definition of emoluments was "unpersuasive and inconsistent".
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The resolution calls on the U.S. House of Representatives to review whether Trump's many business interests violate the foreign emoluments clause or the domestic emoluments clause of the U.S. Constitution.
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In the emoluments case, a federal judge found that the senators had standing to sue because under the Constitution, Congress was supposed to get a say in whether to approve any emoluments.
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Two other images were projected in rotation: "Emoluments welcome" at the top as images of the flags of China, Russia, Saudi Arabia and Turkey appeared, and the Emoluments Clause in its entirety.
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Messitte disagreed with the Justice Department's argument that it should be Congress's job to enforce the Foreign Emoluments Clause (the Domestic Emoluments Clause doesn't include an oversight role for Congress, the judge noted).
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The foreign emoluments clause forbids the president from profiting off foreign governments, and the domestic emoluments clause limits the president's ability to profit off of either the federal government or a state government.
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The constitution's Emoluments Clauses, by contrast, do not contain any mention of whether private parties can enforce the prohibition on U.S. officers accepting gifts and payments – archaically known as "emoluments" - without Congress's permission.
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In his ruling, Messitte embraced a broad definition of emoluments.
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Democrats in Congress also sued under the Foreign Emoluments Clause.
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" He dismissed the criticism calling it "this phony emoluments clause.
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We cannot allow the direct violation of the Emoluments Clause.
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"This is a violation of the Emoluments Clause," Eisen tweeted.
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The emoluments issue also could be heading toward the justices.
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That's exactly what the emoluments clause was written to prohibit.
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Third, the issue of emoluments and personal enrichment is new.
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The emoluments clause bars presidents from profiting from foreign governments.
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"If the President may accept no domestic emoluments and must seek Congress's permission before accepting any foreign emoluments, then surely a statute facilitating the disclosure of such payments lies within constitutional limits," Tatel wrote.
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Maryland and Washington, DC, have sued Trump over the Constitution's "emoluments" clause, which forbids federal officials from accepting emoluments, a term for gifts or payments for services or labor from foreign governments or US states.
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Those 200 Democrats claim that Trump is violating the emoluments clause.
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Happy hour conversations include the 25th Amendment and the Emoluments Clause.
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You can impeach Trump now for the DC hotel/emoluments clause.
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The word "emoluments" is limited to benefits derived from one's office.
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The constitution's emoluments clause prohibits the president from receiving foreign gifts.
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"This provision (on emoluments) involves more than just corruption," Blumenthal added.
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The court face-off involves the Emoluments Clause of the Constitution.
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The emoluments clause is largely unexplored legal territory, the judge noted.
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These facts alone undeniably prove a violation of the Emoluments Clause.
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The emoluments case raises basic questions that have never been litigated.
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The other forbids the president from receiving emoluments from individual states.
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The similar, emoluments-clause cases against Trump have produced varying results.
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Trump's hotels have been a magnet for allegations of emoluments violations.
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There is no criminal law punishing violations of the Emoluments Clause.
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The Constitution's emoluments clause prohibits the president from receiving foreign gifts.
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Trump's lawyers have argued he has not violated the emoluments clause.
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He appears to be in violation of the Constitution's emoluments clause.
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The D.C. Circuit Court of Appeals also heard oral arguments this week in the Democratic lawmakers' emoluments lawsuit, alleging that the president illegally deprived them of their role in deciding whether he can accept foreign emoluments.
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Read the motion for the restraining order Emoluments Clause Just three days after Trump took office, the Citizens for Responsibility and Ethics in Washington sued the President, alleging that Trump violated the Emoluments Clause of the Constitution.
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The Emoluments Clause "...you people, with this phony Emoluments Clause..." -- October 21 exchange with reporters at Cabinet meeting Facts First: There's nothing phony about the Constitution's prohibitions against the President receiving payments from foreign and domestic governments.
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People are talking so much about emoluments now because there is a clause in the Constitution that forbids federal officials from receiving emoluments -- that is, profits, advantages or benefits -- from foreign governments without the consent of Congress.
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They're also accusing Trump of violating the foreign emoluments clause, which bars public officials from receiving gifts from foreign governments without Congress's consent, and the domestic emoluments clause, which bars the president from profiting from his office.
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I'm one of the lawyers representing CREW in the emoluments violation lawsuit.
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Any ongoing foreign business relationship threatens to violate the Constitution's Emoluments Clause.
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The Constitution's emoluments clause prohibits presidents from accepting payments from foreign governments.
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"Nonetheless, the attorneys decided to ignore the emoluments issues," the report found.
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The emoluments clause prohibits federal officials from taking payments from foreign governments.
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Nobody looks -- nobody looks at any -- but with me, it's everything, emoluments.
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The Emoluments Clause says elected officials cannot collect proceeds from foreign powers.
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Historically, the emoluments clause has gone largely unchallenged in the court system.
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All of this, ethics lawyers argue, would violate the Constitution's emoluments clause.
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A federal judge in Maryland heard arguments on Trump's latest effort to knock out a lawsuit filed by the District of Columbia and Maryland accusing the president of violating the Constitution's Foreign Emoluments Clause and Domestic Emoluments Clause.
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The clauses prohibit elected officials from accepting "emoluments" from foreign or domestic governments.
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CREW is cocounsel with Maryland and DC in the Maryland emoluments clause case.
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But Gorod said the Maryland case illustrated the limits of other emoluments lawsuits.
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The Constitution includes a few provisions that are sometimes described as "emoluments" clauses.
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As to the Foreign Emoluments Clause, Trump's plan is not remotely sufficient either.
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Critics say that the payments from Secret Service could violate the emoluments clause.
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He also accused Trump of possibly violating the Emoluments Clause of the Constitution.
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He said Trump's narrower definition of emoluments would essentially prohibit only outright bribes.
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"The president's violations of the emoluments clause are blatant and ongoing," he said.
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The Constitution's emoluments clause is about payments from foreign governments to current officeholders.
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The Constitution prohibits federal officials from accepting gifts or emoluments from foreign governments.
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Protestors have projected the Constitution's emoluments clause onto the side of the building.
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Meanwhile, the other two emoluments clause cases are pending before other appeals courts.
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They would be dismissing the emoluments argument as the stretch that it is.
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The only remedy for a serious violation of the Emoluments Clause is impeachment.
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Trump's official position is that the emoluments clause does not apply to him.
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The Maryland case is one of three filed last year accusing Trump of violating the two emoluments clauses — provisions that prohibit federal officials from receiving "emoluments," generally defined as payments or other financial benefits, from domestic or foreign government actors.
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I introduced a bill, the "No Congressional Consent for President Donald J. Trump to Accept Foreign Emoluments of Any Kind Whatsoever," to empower Congress to explicitly deny Mr. Trump consent of acceptance of any and all emoluments, whatever they may be.
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"The country's founders included the emoluments clauses as a big bright-line rule," said Jed Shugerman, a professor at the Fordham University School of Law who helped write a legal brief in support of the plaintiffs in the emoluments litigation.
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Emoluments rise again All we really have when it comes to presidential self-dealing is a ban on what the Constitution calls emoluments -- those are titles or gifts from foreign or domestic governments beyond the salary all Presidents are paid.
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"The emoluments we know about are only the tip of the iceberg," Gorod said.
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For decades, government agencies have used the Emoluments clause to guide their ethics rulings.
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It's possible that emoluments violations could eventually find their way into articles of impeachment.
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Regarding the interpretation of the emoluments clause, the CREW response is even more convincing.
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But Trump and Dillon argued that the Emoluments Clause doesn't necessarily apply to Trump.
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Cillizza: What's the worst-case scenario for Trump in the legal proceedings surrounding emoluments?
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Should they highlight relatively esoteric matters, like his potential violations of the Emoluments Clause?
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Trump is already facing one emoluments lawsuit in connection with his Washington, D.C., hotel.
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The Emoluments Clause – Article 1 Section 85033 of the Constitution – is clear and unambiguous.
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Trump needs to immediately divest from his businesses and comply with the emoluments clause.
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The emoluments clause bars the president from receiving gifts and payments from foreign governments.
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That's because this triggers legalistic issues related to the emoluments clause of the Constitution.
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A spokesman for Maryland's attorney general declined to comment on the latest emoluments case.
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Sullivan wrote that this argument missed the point — the fact that Democrats could vote on legislation related to emoluments wasn't the same as voting on a particular emolument presented by the president for approval, per the terms of the Foreign Emoluments Clause.
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"The Foreign Emoluments Clause was forged of the Framers' hard-won wisdom," the complaint said.
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Richard Blumenthal, sued Trump in June 2017, accusing him of violating the Foreign Emoluments Clause.
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"It's still improper and, from my point of view, a violation of the emoluments clause."
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" He compared himself to George Washington and branded the emoluments clause of the Constitution "phony.
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The foreign emoluments clause offers a shield against that corruption — assuming that it is enforced.
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This is an overly restrictive reading of the Emoluments Clauses and the words contained therein.
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Mr. Trump is fighting claims that he violated the Constitution's emoluments clause barring self-enrichment.
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What that means is that the Emoluments Clause could become a dead letter post-Trump.
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Reuters presented its findings to six lawyers with expertise in constitutional law and emoluments issues.
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What is the proper legal remedy for Mr. Trump's repeated violations of the Emoluments Clause?
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It would also review and take votes on which foreign emoluments Mr. Trump could accept.
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Two more articles may be added without much effort: IV. Presidential Profiteering by Illegal Emoluments.
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Gore ruling or the Emoluments Clause in an hour discussion with Senator Charles E. Schumer.
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James has also said she would investigate whether the president has violated the Emoluments Clause.
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Legal experts are torn over whether the Supreme Court will jump into the emoluments dispute.
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The Emoluments Clause of the Constitution prohibits U.S. officials from receiving payments from foreign governments.
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The Constitution's Emoluments Clause bars the president from earning any compensation from a foreign government.
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The development is the second major setback for Trump in emoluments litigation in recent weeks.
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What's not yet clear is whether possible Emoluments violations will be added to the list.
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His benefitting from leasing this US property violates the domestic emoluments clause of US Const.
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Jeff Stein and Libby Nelson explained the emoluments issue in much more detail for Vox.
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The big picture: This isn't the only emoluments-linked case that the president has faced.
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The foreign emoluments clause was meant to stop the president from accepting emoluments unless Congress approved them, not the other way around, Gorod argued — the inertia of Congress, or the lack of it, should be an obstacle to corruption, not an ally, she said.
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Emoluments lawsuitTwo attorneys general, in Maryland and DC, have been pursuing a lawsuit claiming that the president is in breach of the so-called emoluments clause of the Constitution, which is meant to prohibit the president from accepting payments from foreign powers while in office.
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She will continue a lawsuit against the Trump Foundation that was filed by Ms. Underwood and may also examine whether Mr. Trump is in violation of the Constitution's emoluments clause, which bars federal officials from accepting gifts, or emoluments, from foreign powers without congressional approval.
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Even as she laid out the vague plan during that January dog-and-pony show, Ms. Dillon offered her own custom interpretation of the emoluments clause: "Some people want to define emoluments to cover routine business transactions like paying for hotel rooms," she said.
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First, the payments could violate the Emoluments Clause of the Constitution, which prohibits federal government officials from accepting (1) "any present, emoluments, title or office" from any foreign country or (2) any income beyond official salary from any American state or the federal government.
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Between the Foreign Emoluments Clause, the Domestic Emoluments Clause and The Ineligibility Clause, the issue takes up a lot of space in the Constitution, especially considering they cover an issue that, according to CRS, has never been litigated in a major way in court.
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Trump is being sued by the District of Columbia and Maryland because they say he is violating the Constitution's "emoluments" clause, which forbids federal officials from accepting emoluments, a term for gifts or payments for services or labor from foreign governments or US states.
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He was unconcerned about the Emoluments Clause, which prevents presidents from accepting gifts from foreign governments.
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The lawsuit accuses Trump of violating a 'foreign emoluments' clause of the U.S. Constitution, Reuters reported.
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Many legal scholars and constitutional experts, however, have interpreted the Emoluments Clause to mean the opposite.
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And suppose the Congress never undertakes to approve or disapprove the President's receipt of such 'emoluments.
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The appeals panel did not decide the question of whether Trump had violated the emoluments clause.
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The Constitution bans presidents from receiving payments from foreign and domestic officials under its emoluments clause.
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That led Trump to brand the emoluments clause as "phony" during a Cabinet meeting this week.
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Two other lawsuits based on the emoluments clause are also being heard in other federal courts.
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An accusation of violating the emoluments clause could figure into the articles of impeachment against Trump.
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The emoluments clause of the Constitution expressly forbids the president from accepting payments from foreign governments.
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Emoluments Trump also faces two separate suits over his refusal to divest his business interests. Sen.
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But the Emoluments Clause may come back to haunt him in ways that underscore its importance.
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I'll present oral argument in our Emoluments Clause case this Wednesday (not Tue) morning in NYC.
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It fails to perceive why our Framers opposed emoluments of all types — including gratuitous election assistance.
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Emoluments aren't something the average person knows about, and most people aren't following this story closely.
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Then there's the emoluments question: Has he used the presidency to enrich himself and his family?
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The Constitution's foreign emoluments clause prohibits U.S. officials like Trump from accepting payments from overseas governments.
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He said such obscurity could be impermanent, as the recent attention to to Emoluments Clause demonstrates.
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"He knew about the Emoluments Clause before any of us had heard of it," said Rep.
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"It's still being worked out in the courts, what exactly the emoluments clause means," Marsco said.
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The Emoluments Clause exists to prevent foreign governments from corrupting the loyalties of U.S. government officials.
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One bars U.S. officials from accepting gifts or other emoluments from foreign governments without congressional approval.
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Until Mr. Trump took office, the meaning of the Constitution's emoluments bans had never been litigated.
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The federal Court of Appeals for the Second Circuit has another emoluments case on its docket.
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"The Emoluments Clauses of the Constitution exist to prevent exactly this kind of corruption," he continued.
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I'm not aware that Tribe wrote any articles about the emoluments clause when Clinton was secretary.
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The emoluments clause bans presidents from receiving gifts or payments from foreign governments without Congress's approval.
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The Democratic lawsuit is not the only case that will be argued over emoluments this week.
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Indeed, the House Judiciary Committee will include potential Emoluments Clause violations in its expanding impeachment investigation.
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The lawsuit asks the court to declare that Trump is in violation of the emoluments clause.
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Representative Elijah E. Cummings of Maryland, who will become chairman of the House Oversight and Government Reform Committee, said he intended to look at whether Mr. Trump had violated the emoluments clause of the Constitution, which prohibits federal officials from receiving gifts, or emoluments, from foreign powers.
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The clauses generally prohibit US officials from accepting "emoluments," a term that generally refers to financial benefits.
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And earlier this month, an appeals court revived an emoluments lawsuit against the president regarding the hotel.
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"Uncharted Territory" Reuters presented its findings to six lawyers with expertise in constitutional law and emoluments issues.
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On the matter of international entanglement, a surprising new buzzword -- "foreign emoluments" -- has entered the political lexicon.
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Violations of the emoluments clause Today, perhaps half of those cases have more or less wrapped up.
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The emoluments clause bans U.S. officials from accepting gifts or payments from foreign governments without congressional consent.
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The Emoluments Clause bans a sitting president from taking gifts or payments from foreign or domestic governments.
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The emoluments clause violations uncovered by this lawsuit also could conceivably enter into impeachment proceedings against him.
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However, the court is still considering whether he violated the emoluments clause in an official cap acity.
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The Constitution prohibits US government officials, including the president, from accepting gifts or emoluments from foreign governments.
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They allege the President has violated the Constitution by accepting "emoluments," payments or favors from foreign governments.
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Since standing was never established, Congress could argue that there were unconstitutional emoluments lurking in these cases.
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Trump is being sued both as an individual and as the president over alleged emoluments clause violations.
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But the Justice Department is likely to quickly appeal the ruling on the so-called emoluments clauses.
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The short answer: Whatever Trump's profits are, they are almost assuredly not violations of the Emoluments Clause.
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The Foreign Emoluments Clause has encouraged many presidents to tread cautiously in accepting gifts from foreign entities.
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Ethics advocates warned at the time that the arrangement raised conflict of interest and Emoluments Clause concerns.
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The Emoluments Clause prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
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Progressives wanted to go big, charging Trump not only with obstruction of justice but also emoluments violations.
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While the Constitution defines the term "emoluments," it does not provide any specific remedy for a violation.
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Apart from the courts, Congress has the power to investigate potential Emoluments Clause violations and to impeach.
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I'm going to turn to one last topic today that has been of interest lately called emoluments.
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But some lawmakers are concerned that if the House votes on — but fails to pass — an emoluments impeachment article, it would undermine a lawsuit that more than 200 Democratic lawmakers filed in 2017 alleging Trump is violating the foreign emoluments clause through payments received at his numerous properties.
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The emoluments clause of the Constitution makes it illegal for federal officials to receive gifts from foreign officials.
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The Justice Department used the same maneuver in another case about emoluments, before the federal court in Maryland.
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Trump got to celebrate a big win Wednesday in an emoluments clause case relating to his Washington hotel.
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At issue is whether Trump is violating the anti-corruption passages in the Constitution called the emoluments clauses.
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OCASIO-CORTEZ: Well I think there are serious grounds and violations of the Emoluments clause from day one.
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Known as the Emoluments Clause, the section bans the president from accepting gifts or compensation from foreign governments.
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I think that the House will find him guilty of, worthy of impeachment because of the emoluments clause.
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This is one of three cases about the emoluments clause of the Constitution alive in federal appeals courts.
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" As to the foreign emoluments claim specifically, Daniels wrote that it "is an issue committed exclusively to Congress.
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Trump's remarks, moreover, suggest that he does not understand what the emoluments clause permits and what it forbids.
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"If the Justice Department is correct, the emoluments clause has no meaning whatsoever," said Frosh, the Maryland official.
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The lawsuit is the second filed against Trump over emoluments, and it's the first filed by government entities.
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The Supreme Court has never taken up a case about the foreign emoluments clause, according to the Post.
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This practice has drawn much attention for its evident violation of the Emoluments Clause of the U.S. Constitution.
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President Donald Trump on Monday said the emoluments clause is "phony," but it's enshrined in the US Constitution.
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The foreign emoluments clause bars public officials from receiving gifts or cash from foreign governments without congressional approval.
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"The President's interpretation of the limited meaning of the Emoluments Clauses cannot be the correct one," Messitte wrote.
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Much discussion today centers around the Emoluments Clause, which there is a reasonable chance that Trump is violating.
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Teachout, a law professor at Fordham, is an expert on antitrust issues and on the Constitution's emoluments clause.
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President Trump faces possible legal action for violating campaign finance laws and the emoluments clause of the Constitution.
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"It's not like you have reams and reams of case law on the emoluments clause," the chairman said.
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It's not a matter of outright marketing — the emoluments clause prohibits receiving payment or gifts, not soliciting them.
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Both lawsuits accused Trump of violating the U.S. Constitution's "emoluments" provisions designed to prevent corruption and foreign influence.
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The emoluments clause of the Constitution prohibits the president from accepting any such favors in the first place.
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The Trump Organization may be receiving foreign and domestic emoluments that the public is not even aware of.
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The foreign Emoluments Clause prohibits federal officials from accepting payment from foreign governments without the consent of Congress.
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I think that the House will find him guilty of — worthy of impeachment because of the emoluments clause.
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And recently they challenged Trump's business holdings as a violation of the Emoluments Clause of the U.S. Constitution.
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Two other emoluments cases attack Trump for his alleged competitive advantage at the Trump-branded real estate empire.
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She, too, is covered by the emoluments clause, according to previous legal opinions issued by the Justice Department.
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The Democrats also wanted Trump out of office for supposed violations of the emoluments clause of the Constitution.
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Created the highest amount of profits for you and your family, despite the requirements of the emoluments clause.
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The clauses restrict the ability of federal official to accept benefits, or "emoluments," from foreign or state governments.
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Now, your questions Diane, Minnesota: If Trump is found to have violated the Emoluments Clause, what happens next?
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In case you're wondering, yes, this is illegal, in fact unconstitutional, a clear violation of the emoluments clause.
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All of the parties, including Mr. Trump's lawyers, agree that the foreign emoluments clause applies to the president.
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That puts the district in a "unique position" to file legal claims over the emoluments clause, Racine said.
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A federal judge in Maryland has previously denied Trump's motions to dismiss a lawsuit filed by local officials in the District of Columbia and Maryland, accusing Trump of violating the Domestic Emoluments Clause and the Foreign Emoluments Clause by keeping his interest specifically in the Trump International Hotel in downtown Washington.
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A Richmond, Va.-based federal court of appeals has set aside dates in March to hear arguments in Trump's appeal of an emoluments lawsuit brought by the attorneys general of Maryland and Washington, D.C. The Emoluments Clause prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
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A Richmond, Va.-based federal court of appeals has set aside dates in March to hear arguments in Trump's appeal of an emoluments lawsuit brought by the attorneys general of Maryland and Washington, D.C. The Emoluments Clause prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
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And too many people are still more interested in how Kanye West and Donald Trump got together than they are in understanding the details of the emoluments clause and how Trump's business empire may put him in violation of a constitutional clause saying presidents can't accept foreign gifts (a.k.a. "emoluments").
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"Immediately release Donald Trump's full tax returns, with all information needed to verify emoluments clause compliance," the petition reads.
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The restriction, known as the emoluments clause, is intended to prevent political officials from receiving gifts from foreign governments.
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A federal judge in that case also rejected Trump's narrow view that emoluments were limited essentially to outright bribes.
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Messitte asked if the Foreign Emoluments Clause would apply if the Trump hotel charged above-market rates for rooms.
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There is still a pending emoluments clause case against Trump in federal court in Washington filed by congressional Democrats.
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It's not clear that simply avoiding a profit would keep the administration from running afoul of the emoluments clause.
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Knowing that Trump may be violating the emoluments clause gives the public further cause to demand his tax returns.
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Legal scholars and critics of President Donald Trump argue that it's a violation of the Constitution's Foreign Emoluments Clause.
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The Emoluments Clauses are two distinct provisions in the Constitution designed to guard against corruption of the chief executive.
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Democrats have charged Trump is violating the U.S. Constitution's emoluments clause by profiting from hotel patronage by foreign governments.
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The Emoluments Clause of the U.S. Constitution stipulates that no U.S. political officials should receive gifts from foreign governments.
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" According to the Post, Monday's lawsuit represents the "most significant legal challenge to Trump over the issue of emoluments.
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Earlier Tuesday, a federal judge allowed a lawsuit accusing Trump of violating the Constitution's Emoluments Clause to move forward.
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CREW wants its suit to establish, for the first time, a private right of action within the Emoluments Clauses.
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And many in the party have cited Trump's various business interests as clear violations of the Constitution's emoluments clause.
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Trump is facing multiple lawsuits, both as president and as an individual, over alleged violations of the Emoluments Clause.
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The foreign emoluments clause is, however, is enshrined in Article I, Section 9, Paragraph 8 of the US Constitution.
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Cillizza: How big a deal was the court ruling earlier this week that allowed the emoluments case to proceed?
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He also pointed to a prohibition in the domestic-emoluments clause against government payments to Presidents beyond their salaries.
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This arrangement is yet another in a longstanding series of violations by the President of the Constitution's Emoluments Clause.
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Norm Eisen, former President Obama's ethics czar, also accused Trump of violating the emoluments clause due to the project.
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In two "emoluments clauses," the Constitution forbids the president from taking money from individual states or from foreign governments.
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Critics, McClatchy said, are alleging Trump's continued ties with the business amount to a violation of the emoluments clause.
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But you don't even have to leave Washington D.C. to find a potential immediate violation of the emoluments clause.
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Currently, there are at least three lawsuits pending against Trump over alleged emoluments (gifts, essentially) banned by the Constitution.
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Even if the case is thrown out on those grounds, Mr. Trump is still a walking emoluments-clause violation.
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The emoluments clauses of the Constitution prohibit federal officials from accepting financial benefits from foreign governments without congressional approval.
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Holding on to the lease could also expose Mr. Trump to violations of the Emoluments Clause of the Constitution.
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The Constitution's Foreign Emoluments Clause was included in order to prevent corruption and foreign influence of the federal government.
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"You people with this phony emoluments clause," Trump said as he took questions from reporters during a Cabinet meeting.
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Like several other cases between the president and Congress, the emoluments lawsuit could wind up in the Supreme Court.
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He said that without the express authorization of Congress, the president cannot be sued for violating the emoluments bans.
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It is defending the Trump administration in two lawsuits that allege the president has indeed violated the emoluments clause.
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In July, a federal appeals court in a different circuit decided against the plaintiffs in a similar emoluments case.
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Even absent a quid pro quo, the Emoluments Clause bans payments to an American public official from foreign governments.
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This could violate a clause of the Constitution that prohibits the president from accepting personal "emoluments" from foreign governments.
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Unless he sells his shares, Schultz could also face emoluments clause accusations every time a foreign representative visits Starbucks.
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Some wanted to add an article taking Mr. Trump to task for violating the emoluments clause of the Constitution.
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Tillman has argued that Trump isn't on the hook here because the Constitution doesn't specify that the president is subject to the emoluments clause — an argument that both Fordham University law professor Zephyr Teachout and Harvard's Laurence Tribe, who worked on a lawsuit arguing Trump is violating the emoluments clause, have dismissed.
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The Trump Organization pushed back forcefully on the Reuters story, which reported the transactions could violate the Constitution's emoluments clause.
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Democrats may soon return to protests about the 25th Amendment or the emoluments clause, but this routine is wearing thin.
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The Post's report comes just hours before an appeals court ruled that Democrats cannot sue President Trump over emoluments claims.
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The lawsuit by congressional Democrats is one of two cases against Trump involving the emoluments clause of the U.S. Constitution.
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No lawsuit involving the emoluments clause has ever been launched before, and some legal experts doubt it will go far.
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Before the Cabinet meeting he went after the Constitution's "phony" emoluments clause, suggesting even the Founding Fathers were against him.
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Shumate said that sort of benefit would fall under the Foreign Emoluments Clause even if there was no corrupt intent.
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Another emoluments clause lawsuit was dismissed in December by a federal judge in Manhattan, who found the plaintiffs lacked standing.
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That claim largely checks out, but there are still some questions about Trump and the spirit of the Emoluments Clause.
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Jamie Raskin: Raskin was talking about impeaching Trump for violating the Constitution's Emoluments Clause even before the President was inaugurated.
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Even the Constitution's Emoluments Clause — which outlaws foreign gifts to persons holding offices of "profit or trust" — may be inapplicable.
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Another group, the Citizens for Responsibility and Ethics in Washington, has also filed an emoluments suit targeting the DC hotel.
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The president is facing a similar lawsuit from the District of Columbia and Maryland over the alleged Emoluments Clause violations.
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What if the emoluments case shows that the President, through his hotel, has exchanged political decisions for bulk hotel reservations?
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And yet, they remain silent as Trump stands accused of violating the Constitution's Emoluments Clause for potentially doing just that.
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Some critics have pointed to potential problems Mr. Trump's business interests could present under the Emoluments Clause of the Constitution.
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Under the "emoluments clause" of the Constitution, top officials are prohibited from receiving payments or favors from foreign governments. Sen.
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Per CNN, "some critics say the payments may violate a provision of the Constitution known as the domestic emoluments clause."
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"We can look at his books and tax returns in order to determine what emoluments he's accepted," Mr. Nadler said.
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The Constitution forbids federal officials from accepting gifts, known as emoluments, from foreign powers, unless they have received congressional approval.
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The returns could also get wrapped into the Oversight and Judiciary Committees' looks at potential violations of the emoluments clause.
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"This is about as direct and profound a violation of the Emoluments Clause as one could create," Napolitano also said.
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But, again, it does not follow that he will have violated the Emoluments Clause upon taking the oath of office.
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"No one is disputing that the emoluments clauses exist, and no one is disputing that they are important," Mooppan said.
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Other emoluments experts argue Trump's company is allowed to accept money for hotel rooms and food without breaching the Constitution.
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They allege that the president's business interests abroad have created conflicts of interest, violating the emoluments clause of the Constitution.
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The Constitution's emoluments clauses prohibit presidents from accepting any payment from federal, state or foreign governments beyond their official salary.
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Dillon dismissed concerns that Trump could violate an anti-bribery provision in the U.S. Constitution, known as the Emoluments Clause.
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The president is facing a number of emoluments lawsuits focused on both his presidency and on him as an individual.
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"He said they were 'phony,' " King said repeatedly, raising his voice as he cited Trump's tweets about the Emoluments Clause.
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But he predicted that the committee's work on emoluments and other avenues of presidential misconduct would help build the case.
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Trump's Muslim ban is facing several constitutional challenges, and so is he, for multiple possible violations of the Emoluments Clause.
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Eisen hopes the emoluments clause suit will force Trump to release his tax returns, which he's refused to make public.
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Emoluments relief; immigration, census and Twitter defeats The win came from Richmond, Virginia, where a three-judge panel for the 4th US Circuit Court of Appeals dismissed a case brought by attorneys general from Maryland and the District of Columbia about whether foreign visitors to Trump's Washington hotel violate the Emoluments Clause of the Constitution.
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The conflicts of interest are rolling along like an unstoppable freight train headed for a collision with the Constitution's Emoluments Clause.
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A place where cartoon villain presidents can be taken down by superhero House Judiciary Committees, wielding ancient emoluments clauses as weapons.
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"Ten counts of obstruction of justice, four with rock solid evidence, we have violations of the emoluments clause," Ocasio-Cortez said.
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This provision of the Constitution restricts members of the government from receiving gifts, or "emoluments," from foreign states unless Congress consents.
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But it is not clear that simply avoiding a profit would keep the administration from running afoul of the emoluments clause.
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In fact, he may be violating the Constitution of the United States—and specifically, a section known as the Emoluments Clause.
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They could also provide evidence that Mr Trump has profited from his office, in violation of the constitution's foreign-emoluments clause.
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The Constitution's "foreign emoluments" clause bars U.S. officeholders from accepting payments and various other gifts from foreign governments without congressional approval.
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Trump also stands accused of violating the U.S. Constitution's emoluments clause, which prohibits federal officials from accepting gifts from foreign governments.
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What is the extent of the emoluments received not just by his underlings but by the president himself and his family?
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Probe into Trump's alleged sexual assaults, his taxes, conflicts of interest, Emoluments Clause violations, and his campaign's collusion with Russian Intelligence.
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C. case, is also the plaintiff in a separate emoluments suit, which was dismissed; an appeal of that decision is pending.
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The US Constitution's Emoluments Clause prohibits public officials from receiving gifts or cash from foreign or US officials without congressional approval.
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Unanimous decision in my favor from The United States Court of Appeals For The Fourth Circuit on the ridiculous Emoluments Case.
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Last night, artist and activist Robin Bell lit up the façade of Trump International Hotel with references to the emoluments clause.
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It also prohibits the president from accepting economic benefits or emoluments from the federal or state governments, other than his salary.
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His emoluments violations are so egregious, they should convert enough Trump voters to allow some Senate Republicans to shift their stance.
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The accompanying Fox News video segment in her tweet featured Napolitano, who called Trump's move a violation of the Emoluments Clause.
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A lawsuit filed by congressional Democrats alleging Trump is violating the Emoluments Clause is working its way through the court system.
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He said he wanted to make emoluments a part of the national conversation, but it's not the easiest topic to understand.
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The grounds could relate to his taxes, his foundation, his university, conflicts of interest or the Emoluments Clause of the Constitution.
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When he takes his oath of office, does that income automatically become an emolument within the meaning of the emoluments clause?
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It is worth noting that the Emoluments Clause applies to a secretary of State just as much as to a president.
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Aside from violating the lease terms, Mr. Trump is very likely violating the emoluments clause by holding on to the hotel.
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Another judge, Clinton-appointee Robert King, though, criticized President Trump for dismissing the Foreign Emoluments Clause as "phony" earlier this year.
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The Judiciary Committee should focus primarily on the issue of emoluments and Trump's alleged use of the presidency for personal enrichment.
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In the case of emoluments, he's testing constitutional text Congress never before had a reason to address in the first place.
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Democratic presidential candidate Beto O'RourkeBeto O'RourkeBiden lead over 2020 field widest since April: poll O'Rourke eyes stronger enforcement of Emoluments Clause, limits to pardons Poll: Biden holds 10-point lead nationally over Warren MORE is eyeing reforms to strengthen enforcement of the Emoluments Clause of the Constitution and prevent presidents from using pardons to protect themselves.
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Emoluments Lawsuit: The attorneys general for Maryland and DC sent out subpoenas earlier this month for Trump Organization and hotel financial records relating to their lawsuit alleging that the president is in breach of the so-called Emoluments Clause of the Constitution, which appears to prohibit the president from accepting payments from foreign powers while in office.
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That seemed to end the discussion for Chaffetz, disregarding the fact that the president is still covered by the Constitution's Emoluments Clause.
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Trump has argued that Democratic lawmakers are reading the Emoluments Clauses too broadly and that the nation's founders were prohibiting outright bribes.
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The so-called "emoluments" clauses, a federal judge in Maryland ruled on July 25th, may preclude Mr Trump from reaping these earnings.
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But it means congressional Democrats cleared a critical first hurdle in pursuing novel claims under the Constitution's Foreign Emoluments Claims against Trump.
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Requiring that kind of affirmative action by a supermajority of Congress would "flip the foreign emoluments clause on its head," Gorod said.
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The big picture: The lawsuit claims that foreign government spending at Trump's D.C. hotel is in violation of the Constitution's emoluments clause.
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The Emoluments Clause Trump attacked critics who said that holding a G7 summit at one of his resorts would violate the Constitution.
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Last week, Consovoy Park also signed on as President Trump's personal counsel in an emoluments suit in federal court in Greenbelt, Maryland.
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"I mean, on day one he was – on day one he was in violation of the Emoluments Clause," Ellison said last February.
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The Maryland case is one of three lawsuits against Trump based on the emoluments clause that are winding through the federal courts.
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Judge Emmet Sullivan made the decision Friday shortly after the appeals court above him said it wanted to hear the emoluments case.
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The so-called emoluments clause bars a president from receiving any gifts, payment or other things of value from a foreign country.
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Violation emoluments clause, no wall, no lock-her-up, plenty of lobbyists, no experience cabinet, ummm...maybe some folks were lied to.
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Experts have raised concerns that existing Trump business abroad could run afoul of the so-called "emoluments clause" of the U.S. Constitution.
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But in Wednesday's 52-page decision, the Greenbelt, Maryland-based judge rejected Trump's "cramped" view that emoluments were limited essentially to bribes.
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Roughly 200 House and Senate Democrats filed their own lawsuit in June 2017, demanding that Trump obtain Congressional approval before accepting emoluments.
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Bharara had been asked to investigate potential violations by Trump of the Emoluments clause two days before he was asked to resign.
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As evidenced by the Muslim ban, a blatant disregard for every branch of government, repeatedly violating the emoluments clause, firing Comey, etc.
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Another lawsuit alleges that Trump violated the emoluments clause of the Constitution, which bars the president from receiving payments from foreign governments.
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Several lawsuits against Trump have accused him of violating the Constitution — zeroing in on the emoluments clause — by profiting from the presidency.
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He's violating all sorts of democratic norms, from the emoluments clause to questioning the election and threatening to lock up his opponent.
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The big picture: The Emoluments Clause "prohibits federal officeholders from receiving gifts and payments from foreign states of their representatives," per CNN.
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Why it matters: The basic questions behind the Emoluments Clause have never been decided in court, so the suit itself is groundbreaking.
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In April, a district court in Washington, D.C., denied Trump's motion to dismiss the emoluments lawsuit brought by the members of Congress.
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There are plenty of things that Republicans should do about Trump, including impeaching him for violating the emoluments clause of the Constitution.
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Others have projected a steady flow of provocative messages — including the less than subtle accusation "Emoluments Welcome" — directly onto the building's facade.
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It's worth recalling that at his confirmation hearing in January he pretended to be unaware of what the "emoluments clause" even is.
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Those emails might have disclosed "pay to play" schemes that may have violated the emoluments clause and other federal anti-corruption provisions.
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The Emoluments Clause of the Constitution bars the president from receiving payments or gifts from foreign officials without the consent of Congress.
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Critics and watchdog groups have argued that Trump is violating the emoluments clause by using the presidency to enrich his family business.
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But he's still facing emoluments challenges over his signature hotel in Washington, even as he considers selling the rights for the property.
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The President moved to dismiss the lawsuit on substantive grounds related to the emoluments clause itself, which the court deferred ruling on.
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That group expanded the lawsuit last month to include the "gratuitous Chinese trademarks" among the examples of violations of the Emoluments provision.
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For example, it could approve foreign benefits for Mr. Trump's company, something allowed under the now-famous Emoluments Clause of the Constitution.
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The Constitution's "emoluments clause" bars U.S. officials from accepting payments from foreign governments and the governments of U.S. states without congressional approval.
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The Second Circuit Court of Appeals reinstated Friday a lawsuit that accused President Trump of violating the Constitution's emoluments clause, per Bloomberg.
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The DC and Maryland governments have sued the federal government, alleging that Trump is violating the emoluments clause, and have won standing.
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The emoluments clause, designed to prevent corruption and foreign influence, bars U.S. officials from accepting gifts from foreign governments without congressional approval.
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The emoluments clause was not meant to provide a right to protect individuals from competition, Daniels told another plaintiffs' lawyer, Deepak Gupta.
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D.C. artist Robin Bell, who would subsequently target Jeff Sessions, projected phrases like "Pay bribes here!" and "Emoluments Welcome" onto the Trump hotel.
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It is incompatible with the purpose of the clause, as well as the meaning of "emoluments" at the time the Constitution was written.
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Following inauguration, a spreadsheet tracking all lawsuits filed against Trump categorized by immigration, emoluments and sanctuary cities, including dates filed and related documents.
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AliKhan said the emoluments clauses covered profits and advantages, not financial instruments where an official didn't exercise discretion over the benefits they received.
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The Judiciary Committee is looking at whether Trump has used the White House for personal enrichment in violation of the Constitution's emoluments clause.
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The administration backtracked on the announcement only two days later, after mounting accusations of self-dealing or violations of the foreign emoluments clause.
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This looks like the principle by which Trump lives his personal and professional life, from taxes to contracts to emoluments to interpersonal relations.
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" The Domestic Emoluments Clause applies only to the president and provides that he "shall, at stated Times, receive for his Services, a Compensation . . .
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Some watchdogs have also expressed concerns that Trump's D.C. hotel could violate the emoluments clause, particularly if foreign leaders pay to stay there.
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The foreign emoluments clause was written to ensure that U.S. government officials would not be corrupted by favors or gifts from foreign governments.
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But an attorney from the Justice Department pointed out the House and Senate had even drafted bills about the President's acceptance of emoluments.
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The Foreign Emoluments Clause was placed in the Constitution to keep federal officials from being improperly influenced by or beholden to foreign governments.
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The foreign emoluments clause of the Constitution bars public officials from receiving gifts or cash from foreign or state governments without congressional approval.
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One judge dismissed one such case on the dubious theory that courts can't do anything about the Emoluments Clause — it's exclusively Congress's problem.
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Among the walls casting a darkening shadow on him is the emoluments lawsuit by attorneys general from Maryland and the District of Columbia.
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Emoluments With the collapse of collusion, various Democrats and lawyers have pushed the claim that Trump's D.C. hotel is a giant "emolument" magnet.
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The emoluments clause has rarely been interpreted by courts, in part because previous presidents have assiduously avoided the potential for conflicts of interest.
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The emoluments clause of the US Constitution bars presidents from accepting any cash or valuable gifts from foreign governments without approval from Congress.
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He is a co-author on amicus briefs challenging President Trump's Emoluments Clause violations and his appointment of Matthew Whitaker as attorney general.
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Some have claimed that Mr. Trump's promotion of his properties while president amount to a violation of the emoluments clauses in the Constitution.
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Mr. Painter was referring to the emoluments clause of the Constitution, which prohibits government officials from accepting payments or gifts from foreign governments.
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This practice is one that Mr. Trump's legal adversaries ignore as they attempt to redefine the meaning of the Constitution's Foreign Emoluments Clause.
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Legal experts had widely considered the suit to be the weakest of three lawsuits accusing the president of violating the Constitution's emoluments clauses.
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Critics viewed it as a blatant violation of the Emoluments Clause, which prevents elected officials from receiving gifts or benefits from foreign governments.
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More than 200 Democrats filed a lawsuit in 2017 alleging Trump is violating the emoluments clause through foreign payments received at his properties.
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They will also contend that only Congress can intervene if a president violates either the domestic or foreign emoluments clause of the Constitution.
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The Constitution's so-called emoluments clause prohibits people who hold government positions from receiving payments from foreign governments without prior consent from Congress.
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The emoluments clauses of the Constitution restrict the ability of federal officials to accept gifts or financial benefits from foreign or state governments.
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There already is pending litigation under the Emoluments Clause over Trump's receipt of revenue from foreign leaders who have stayed at Trump properties.
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Congress would need to pass a new statute (and the President would need to sign it) to create a new emoluments-related crime.
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Will foreign governments offer to pay to secure the properties — a subsidy of the Trump organization that would probably violate the Emoluments Clause?
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Mr. Eisen resigned from most of his other obligations on Tuesday, and he is expected to drop his role in the emoluments case.
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And they claim that various government entanglements with Trump's DC hotel and his Mar-a-Lago Club violate the domestic emoluments clause too.
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One key question concerns a part of the Constitution known as the Emoluments Clause, which prohibits the president from receiving gifts from foreign governments.
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The American Civil Liberties Union is also preparing a lawsuit over Trump's alleged violations of the emoluments clause, said ACLU Executive Director Anthony Romero.
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Dillon argued that the Emoluments Clause of the Constitution did not apply to the hotel stays, though some experts have disagreed with that assertion.
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"In the end, they all agreed early on that there was a possible violation of the Constitution's Emoluments Clauses," the Inspector General's Office said.
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Several sources including the Federalist, he wrote, "overwhelmingly support the conclusion" that presidents are office holders "within the meaning of the foreign-emoluments clause".
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Democrats were already suing him for violating the foreign Emoluments Clause, arguing he must get the consent of Congress before accepting money from foreigners.
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And a New York appeals court last year revived another emoluments case brought by an advocacy group, Citizens for Responsibility and Ethics in Washington.
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Ultimately, the U.S. Supreme Court might be asked to decide the question of whether Trump has been violating the emoluments clause during his presidency.
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Ethics experts said Donald Trump's refusal to divest from his business ventures, which includes the Trump Organization's hotel empire, violates the Constitution's emoluments clause.
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Payments clearly related to non-official activities that "have nothing to do with the discharge of duties in office" are not emoluments, Rivkin said.
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Trump could be in breach of the Constitution's Emoluments Clause if he continues to profit from foreign governments paying for services at his hotels.
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A different appeals court recently ruled in favor of Trump, effectively killing a separate emoluments challenge brought by the DC and Maryland attorneys general.
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The Maryland and District of Columbia attorneys general are bringing a lawsuit against President Trump, claiming he's violated the Emoluments Clause in the Constitution.
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You do not have to be a constitutional scholar to appreciate what our Founding Fathers sought to accomplish when they wrote the Emoluments Clause.
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House Democrats - Trump and emoluments: The Hill: Can a group of 200 congressional Democrats sue the president for refusing to divest his business interests?
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The White House is also likely bracing for investigations into Trump's tax returns and possible violations of the Emoluments Clause of the Constitution. Rep.
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The Constitution bars government officials including the president from receiving financial benefits known as emoluments from foreign or domestic governments, without approval from Congress.
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So, the emoluments clause, in short, says that a sitting president can't receive any benefits -- beyond his salary -- as a result of his office.
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Still, some legal experts argue that domestic emoluments are allowable so long as Mr. Trump does not earn them from his service as president.
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He had met with our Queen AOC and tried to offer some emoluments to make it work or giving back some of the money.
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It was clear, Judge Daniels said, that the founders "intended to prevent" the taking of emoluments in exchange for an expectation of government action.
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Such benefits, they say, could violate the Constitution's emoluments clauses, which essentially prohibit the president from accepting certain gifts from foreign or domestic governments.
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Other legal experts, however, contend that domestic emoluments are allowable so long as Mr. Trump does not earn them from his service as president.
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The Justice Department argues the emoluments clauses should be narrowly construed to prohibit the president from accepting gifts or payments in his official capacity.
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The emoluments clauses bar federal officials from accepting compensation from foreign governments and payments from the federal government or the states beyond their salaries.
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Twice this week, DMV-area officials accused the president of violating the Emoluments Clause, which bars public officials from accepting gifts from foreign governments.
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Still, Levinson says the most important question at the moment is whether the emoluments questions can be fought over in a court of law.
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"The public has known about emoluments from the first day of presidency, but it has not captured the public's attention like Ukraine," he said.
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Still, Corey Brettschneider, a Brown University professor who wrote a book on the Constitution and the presidency, urged the House to keep investigating emoluments.
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At his confirmation hearings in March, Justice Gorsuch briefly discussed the emoluments clause in an exchange with Senator Patrick J. Leahy, Democrat of Vermont.
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That may not be legally required, since federal conflict-of-interest laws don't fully apply to the President, though the Constitution's Emoluments Clause should.
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Allegations of nepotism, emoluments violations, channeling business to Trump properties and more have already painted a picture of a President doggedly pursuing self-interest.
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So I'm just wondering what is Congress to do in a case where it has reasons to think the Emoluments Clause is being violated?
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Democrats warn that unless the president sheds his financial assets and places money in a blind trust, he risks violating the Constitution's Emoluments Clause.
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Last year, a federal judge dismissed a lawsuit from a liberal watchdog organization arguing that Trump was violating the emoluments clause of the Constitution.
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The scope of the emoluments clause lawsuit is limited to Trump properties in Washington, D.C. And earlier version of this story included incorrect information.
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Trump's tax returns, emoluments and the firing of former FBI Director James Comey are also among the myriad of issues that Democrats are eying.
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Those judges ordered the case dismissed as fatally flawed, contending the states had no legal right to enforce the emoluments clauses in the Constitution.
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Trump's receipt of income directly from the federal government to cover Pence's stay at the hotel presents another potential violation of the Emoluments Clause.
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But given that these are untried constitutional questions, the more appropriate venue to consider violations of the Emoluments clauses would be in impeachment proceedings.
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But since President-elect Trump has been elected, some people want to define emoluments to cover routine business transactions like paying for hotel rooms.
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Congressional investigators will also look at whether Trump used the White House for personal enrichment in violation of the Constitution's emoluments clause, he said.
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Sullivan previously signed off on their lawsuit, saying they had the authority to challenge the President and that the legal definition of "emoluments" was broad.
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Richard Blumenthal of Connecticut and House Judiciary Chairman Jerry Nadler of New York, who are alleging Trump is violating the emoluments clause of the Constitution.
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"There are a whole set of potential financial conflicts of interest and emoluments problems that Congress will need to get to the bottom of," Rep.
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The emoluments clauses do not even apply to him, an amicus brief argued, since presidents are elected and not, properly speaking, "officials" under those provisions.
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And the Second Circuit last year revived another emoluments case against the president brought by the liberal group Citizens for Responsibility and Ethics in Washington.
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The lawmakers charge the president violated the Constitution's "emoluments" clause, which prevents federal officeholders from accepting payments from foreign governments without the "consent" of Congress.
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Messite asked if that meant the emoluments clauses would allow the president to accept what amounted to a bribe if there was no corrupt intent.
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Experts say that could even potentially violate the domestic emoluments clause of the US Constitution, which prohibits the president from receiving gifts from the government.
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While the Constitution's emoluments clause technically refers to states, Noble says there is a strong legal argument that cities are also covered by that clause.
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The reach of the emoluments clause has been a subject of fierce public debate since Trump won the White House, given his vast business holdings.
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His detractors bellow that he has violated the Constitution's emoluments clause, that his campaign took illegal contributions, that he is a puppet of Vladimir Putin.
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Democrats are pursuing lawsuits seeking the president's financial documents as well as one alleging Trump is in violation of the Emoluments Clause of the Constitution.
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So I think Nancy Pelosi resisted, you know, the calls that a lot of people had after whatever happened, emoluments this, obstruction of justice that.
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As a retired Army officer, Flynn is prohibited under the emoluments clause of the Constitution from accepting payments from foreign governments, according to the lawmakers.
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They also claimed that if the appeals court sided with their definition of the Emoluments Clause in the lawsuit, the complaint could be significantly narrowed.
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A federal judge in December dismissed another emoluments clause lawsuit against Trump that was brought by watchdog group Citizens for Responsibility and Ethics in Washington.
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Several lawsuits winding through the courts assert that Trump has violated the Constitution's emoluments clause, which bans the president from taking gifts from foreign governments.
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"The founders' ghosts must be wondering why they bothered writing the emoluments clause, and how a mad king still managed to rule America," Reid said.
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Experts in legal ethics say those kinds of arrangements could easily run afoul of the Emoluments Clause if they continue after Mr. Trump takes office.
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The Malaysian Rating Corporation (MARC) expects the government to trim operating expenditure, with possible cuts in emoluments, pensions and gratuities and in debt service charges.
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The court correctly determined that the plaintiffs improperly asked the courts to exceed their constitutional role by reviewing the President's compliance with the Emoluments Clauses.
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Trump is also facing two separate lawsuits over alleged emoluments clause violations, and this week asked a federal court to dismiss one of the lawsuits.
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"The court finds that the plaintiffs have standing to sue the president for allegedly violating the Foreign Emoluments Clause," Judge Sullivan wrote in his opinion.
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A specialist in antitrust law and corruption, she has been advising the attorneys general in Washington and Maryland in their emoluments lawsuit against Donald Trump.
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Never before has any court defined the meaning of the Constitution's language restricting federal officers from accepting benefits or "emoluments" from foreign or domestic governments.
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Business conflicts of interest that violate the Emoluments Clause, obstructions of justice and illegal hush-money payments comprise three "high crimes and misdemeanors" mandating impeachment.
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The U.S. Constitution bars government officials, including the president, from receiving financial benefits known as emoluments from foreign or domestic governments, without approval from Congress.
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Democrats and others have accused him of violating the Constitution's emoluments clause, which is supposed to prevent government officials from accepting benefits from foreign states.
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The emoluments clauses prohibit a president from profiting off of foreign governments or from receiving any money from the U.S. government except an annual salary.
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Trump critics said it would violate the Emoluments Clause of the Constitution, which states that a president cannot receive payments from foreign leaders or governments.
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George Washington's Mount Vernon was a working plantation during his presidency, so did international tobacco sales to foreign governments or officials violate the Emoluments Clause?
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In 2009, former President Obama consulted the Department of Justice for legal advice on whether accepting the Nobel Peace Prize would violate the emoluments clauses.
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At issue: the Constitution's emoluments clauses, which forbid U.S. government employees from taking payments or gifts from state governments, foreign nations and state-owned companies.
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It could also offer some clarity to the Constitution's vague and largely untested emoluments clause, which bars federal officials from receiving payments from foreign governments.
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The House has drafted an emoluments impeachment article, but even those pushing it say it's unlikely to receive a vote, according to lawmakers and staffers.
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Three lawsuits have been filed against him alleging that he has violated the Foreign Emoluments Clause by unfairly profiting from his connections to foreign leaders.
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The acting inspector general of the Defense Department, Glenn A. Fine, told Congress that his office had begun investigating whether Mr. Flynn violated emoluments rules.
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Since he claims to be an originalist, I asked him about his view of what the framers intended with the Emoluments Clause in our Constitution.
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That's a big problem, because the Constitution's Emoluments Clause prohibits American officials from receiving any gifts or income from foreign governments without permission from Congress.
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But several scholars on Monday noted that Congress had enacted a statute that made it easier to challenge housing discrimination, but not emoluments clause violations.
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They say it could violate the Constitution's emoluments clause, since foreign governments would essentially be enriching the President to do business with the United States.
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City officials allege that Trump has violated the emoluments clause of the Constitution, which bars presidents from accepting gifts or other benefits from foreign governments.
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There is a constitutional prohibition on the president receiving "emoluments" from foreign governments, so the lure of illegality has focused a lot of attention there.
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Since taking office, Trump has faced numerous accusations of violating the Emoluments Clause due to the president's continued ownership of his real estate development company.
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The pamphlet "made clear that the Trump Organization would not attempt to identify all foreign government emoluments" they say are barred by the U.S. Constitution.
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"Without the requested invoices and other documents, the Committee cannot assess the full extent of payments in violation of the Emoluments Clause," the letter reads.
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An "emolument" refers to compensation for a service or labor, which raises the question of whether foreign payments to Trump-owned businesses constitute forbidden emoluments.
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A section known as the emoluments clause prohibits any officeholder in the United States from accepting any "emolument, title, or office" from a foreign government.
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"I think there is a dispute as to what the emoluments clause relates to," Barr told the Senate while maintaining that he's never researched the subject.
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The committee was questioning whether Flynn violated the emoluments clause of the Constitution, which bars government officials from accepting gifts from foreign governments without Congressional approval.
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Reports of officials wanting to be seen at Trump's hotel raised concerns that the transactions could be seen as gifts, violating the so-called Emoluments Clause.
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The judges unanimously said in a brief 85033-page decision that the dispute centering around the Constitution's emoluments clauses has no place in the court system.
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The judges unanimously said in a brief 12-page decision that the dispute centering around the Constitution's emoluments clauses has no place in the court system.
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The judge found that in arguing that Democrats could still vote on emoluments-related legislation, the government was asking the court to ignore the clause altogether.
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The former American University constitutional law professor has also been a sherpa of sorts for House Democrats navigating constitutional issues, including impeachment and the Emoluments Clause.
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Congressional Democrats have filed a lawsuit alleging that Trump is violating the Emoluments Clause, which prohibits elected officials from receiving gifts or contributions from foreign governments.
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This arrangement has raised serious questions from ethics experts, including the Project on Government Oversight, about a potential violation of the emoluments clauses of the Constitution.
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In recent months, three lawsuits have been filed accusing Mr Trump of violating conflicts-of-interest standards enshrined in the constitution's two so-called "emoluments" clauses.
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Messitte&aposs ruling was the first time that a federal judge has interpreted the emoluments clause, which had never been fully tested in an American courtroom.
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Don't forget: Trump promised to donate all profits from foreign governments to the U.S. Treasury to sidestep violating the Constitutional safeguards against POTUS receiving foreign emoluments.
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Trump dismissed what he called "this phony emoluments clause," a line in the U.S. Constitution that says presidents and lawmakers may not profit from their offices.
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Messitte said the plaintiffs had "convincingly argued" that emoluments had a broader meaning, consistent with how even George Washington used the term in a 1776 proclamation.
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The emoluments clause and a "crime scene" warning are just some of the projections that have appeared on the side of the hotel since it opened.
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Discussion of President Trump and the Emoluments Clause largely has focused on whether payments made by foreign states to his hotels and resorts violate this provision.
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But do the past two years suggest President Trump is immune to the fallout that could result from the emoluments case or a damning Mueller report?
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The District of Columbia and the state of Maryland sued Trump, citing a venerable anti-corruption provision of the U.S. Constitution known as the Emoluments Clause.
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The committee is probing whether this violates the US Constitution's Emoluments Clause, which prohibits the president from receiving gifts or cash outside their salary, Politico said.
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The attorneys general of Washington, D.C., and Maryland have won preliminary rulings allowing them to proceed with one lawsuit alleging the hotel violates the emoluments clauses.
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Why it matters: The emoluments clause was drafted to prevent foreign governments from gaining influence in the U.S. in exchange for gifts, payments or other benefits.
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Judge Messitte rejected the Justice Department's argument that it is up to Congress, not a court, to decide whether the president has violated the emoluments clauses.
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He noted that the domestic emoluments clause, which restricts economic benefits to the president from government entities in the United States, makes no mention of Congress.
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The Constitution prohibits federal officials from accepting benefits or emoluments from foreign or state governments, but courts have yet to resolve what constitutes an illegal emolument.
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"I don't think anyone even knew how to pronounce the word 'emoluments,' much less know what it might mean, before Trump took office," Professor Wexler said.
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" Democrats should describe Trump's multiple violations of the Constitution's emoluments clause which prohibits the president from accepting anything of value "without the Consent of the Congress.
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Richard Blumenthal (D-Conn.) pledged to add the use of the Trump property for the G-6900 to an ongoing Emoluments Clause lawsuit against the president.
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Clearly, there were also going to be debates on whether the charges should include obstruction of justice and emoluments (the president using his office to profit).
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To avoid the appearance of quid pro quo, there should be strict laws enforcing the emoluments clause against politicians and their relatives while they hold office.
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Trump dismissed what he called "this phony emoluments clause," a line in the U.S. Constitution that prevents the president and lawmakers from profiting from their offices.
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No matter what reporters want to report on, from impeachment to the Emoluments Clause, Trump can change the subject to what he wants to talk about.
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Democrats have alleged that the payment could constitute a violation of the U.S. Constitution's Emoluments Clause, which bars top officials from taking money from foreign governments.
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The legal question is whether new foreign trademark registrations and other transactions between Mr. Trump's businesses and foreign governments violate the emoluments clause of the Constitution.
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Trump faces several lawsuits over potential violations of the emoluments clause of the Constitution, which forbids members of the government from accepting payments from foreign governments.
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In July, Maryland District Judge Peter J Messitte ruled that a lawsuit filed by Washington, DC, and Maryland against Trump over alleged emoluments violations could proceed.
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The argument came as part of a Department of Justice (DOJ) effort to dismiss a case claiming Trump is violating the Emoluments Clause of the Constitution.
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Democrats had already been investigating whether Trump has been violating the Constitution's Emoluments Clause, which prohibits presidents from accepting money or gifts outside their official salary.
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Raskin, who has introduced a resolution of disapproval over the emoluments issue, acknowledged that Democrats still had to convince the public to move forward on impeachment.
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When he took over the panel's chairmanship, he identified emoluments as an issue that may not fall under the committee's jurisdiction, according to The Washington Post.
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The two constitutional clauses at issue restrict a president's ability to accept financial benefits or "emoluments" from domestic or foreign governments, other than his official salary.
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Let's also assume that House Democrats will have done their work and, at a minimum, documented numerous and ghastly Trump family violations of the emoluments clause.
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The case focuses primarily on allegations that Trump's business dealings violate the Constitution's foreign emoluments clause, which prohibits payments to U.S. officials from foreign government sources.
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The aide argued that members all have their own areas they are investigating from emoluments to Trump's financial history and all are important for this investigation.
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"With this announcement, President Trump's businesses seem to confirm that they accepted payments from foreign governments in violation of the Foreign Emoluments Clause," said the spokesperson.
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A federal judge in Washington in September refused to dismiss another emoluments lawsuit making similar claims against Trump filed by a group of Democratic U.S. lawmakers.
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Over the 230 years since then, no court has had occasion to weigh in on the meaning of two so-called "emoluments" clauses in America's founding document.
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The revelation raises more questions about President Trump's relationship with the Constitution's emoluments clause, which forbids a president from receiving gifts and other payments from foreign states.
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Protests could also potentially create the legal standing necessary to raise questions about the validity of Trump's lease at the Old Post Office and the emoluments clause.
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Richard Blumenthal, D-Connecticut, on the Constitution's "emoluments" clause, which bans foreign business dealings by officers of the United States -- but might not actually apply to presidents.
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Two other cases testing Trump's compliance with the Emoluments Clause of the Constitution, in New York and in Washington, DC, are still slowly moving through the courts.
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The emoluments cases have largely centered on the Trump International Hotel, just blocks from the White House, which the Republican president opened shortly before he was elected.
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He caused more cringing on his own side by blasting the "phony" emoluments clause of the Constitution and by taking George Washington's name in vain on Monday.
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The main emoluments case is being advanced by the governments of DC and Maryland, which initially had to establish that they have "standing" to sue the president.
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The Justice Department argues Democrats are reading the Emoluments Clauses too broadly and that there is nothing new or illegal about a president engaging in commercial transactions.
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The threat of espionage charges usually ensures compliance, but the government can also seize "all royalties, remunerations, and emoluments" resulting from the unauthorised publication of classified materials.
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If it stands, the judge's ruling on "emoluments clauses" could bring unprecedented scrutiny onto Trump's businesses, which have sought to keep their transactions with foreign states private.
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"Objectively, as an elector, I can look at the emoluments clause and say, 'Look, Mr. Trump, you are making sales calls with your foreign policy,' " he said.
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Trump's attorneys have argued in court that the Constitution only requires him to seek congressional approval for foreign emoluments offered in connection with his role as president.
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Existing subpoenas When it comes to questions about ethics matters, including emoluments, the Trump Organization has responded to about 85 percent of the requests, the person said.
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The Trump era sometimes feels like a trip through obscure and rarely used mechanisms of federal power, ranging from the emoluments clause to the Twenty-Fifth Amendment.
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The lawsuit accuses Trump of violating the Emoluments Clause in the Constitution, which prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
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However, the arrangement could be a violation of the Constitution's emoluments clause, which prohibits US officials from receiving gifts or money from foreign governments without congressional approval.
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A federal judge in April rejected Trump's request to dismiss a lawsuit alleging Trump has violated the Emoluments Clause, which bars payments to presidents by foreign states.
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Photos shared on social media also showed the Constitution's emoluments clause projected on the Trump International Hotel on Pennsylvania Avenue, just blocks away from the White House.
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Feinstein suggested Trump's potential conflicts of interest bring into question a possible violation of the Constitution's "emoluments clause" prohibiting federal officials from accepting payments from foreign governments.
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The plaintiffs say that Trump ignored the emoluments clause of the Constitution, which is basically legal jargon saying that foreign governments are sliding money into Trump's DMs.
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Flynn's problems aren't over, says WaPo: the Army is investigating his 2015 trip to Russia for possible payments, which would violate the Emoluments Clause of the Constitution.
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It prohibits a person holding an office of trust, including the president, from receiving any Emoluments or earnings from a foreign government without the consent of Congress.
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In the other emoluments lawsuit, a federal judge in Maryland has ruled that the attorneys general of Maryland and the District of Columbia can sue the president.
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The case alleged violation of the U.S. Constitution's anti-corruption "emoluments" provisions, which ban the president from accepting gifts or payments from foreign governments without congressional consent.
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The complaint argues that Mr. Trump is accepting financial benefits from foreign governments in violation of the constitutional restrictions laid out in the so-called emoluments clauses.
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BARR: "I think there is a dispute as to what the emoluments clause relates to... I can't even tell you what it says at this point." pic.twitter.
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Mr. Eisen, who played a large role in overseeing the document requests, has also been vocal about potential emoluments clause violations from the president and his family.
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The case takes aim at whether Mr. Trump violated the Constitution's emoluments clauses, which prevent a president from accepting government-bestowed benefits either at home or abroad.
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The judge also rejected arguments from Trump's lawyers that the Constitution's definition of emoluments includes only direct payment for official services and excludes all private business transactions.
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But the number who joined the emoluments lawsuit is unprecedented, because the scope of the president's business interests — and his alleged violations — "is truly unprecedented," he said.
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Legal scholars have also questioned whether Mr. Trump's actions — urging the vice president to stay at Doonbeg — might violate the so-called emoluments clauses of the Constitution.
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There already are examinations of whether the president has violated the Constitution's Emoluments Clause, which prohibits federal officials from accepting gifts or remunerations from a foreign state.
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If the British government had decided to purchase a copy of The Audacity of Hope for every member of Parliament, would that have violated the Emoluments Clause?
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Democrats have seized on such stays, suggesting they could violate the Emoluments Clause of the Constitution that prohibits the president from personally profiting off the White House.
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"These sorts of business transactions through the Trump Organization are not emoluments," said Josh Blackman, a constitutional law professor at the South Texas College of Law Houston.
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Seeking to blunt the emoluments controversy, Mr. Trump has pledged to donate profits from foreign government guests at Trump hotels or similar businesses to the federal Treasury.
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The Democratic members of Congress' "well-pleaded complaint alleges that the President has accepted prohibited foreign emoluments without first seeking the consent of Congress," Judge Sullivan wrote.
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Such a payment might violate the Emoluments Clause of the Constitution, which prohibits former military officers from receiving money from a foreign government without consent from Congress.
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Set aside all of the potentially unconstitutional emoluments flowing from foreign governments through the Trump Organization and into the president's pocket, which could also be considered bribes.
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Taxpayer money in Trump's pockets Harvard constitutional law professor Laurence Tribe, who thinks Trump should be impeached, tried to give Trump a lesson Twitter about emoluments recently.
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He serves as co-counsel in a lawsuit accusing the president of violating constitutional anticorruption clauses intended to limit his receipt of government-bestowed benefits, or emoluments.
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That is some evidence, though more than a little indirect, about what one of the framers of the Constitution thought about how broadly the emoluments clause swept.
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These examples, and many more, flout Article 1 of the Constitution, which bans federal officeholders from accepting "emoluments" from any foreign country unless Congress approves the arrangement.
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They're also looking into Trump's proposal to host the 2020 G7 summit at Trump National Doral near Miami, arguing that it would violate the Constitution's emoluments clause.
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Yet over the course of 228 years, no court has had occasion to weigh in on the meaning of two so-called "emoluments" clauses in America's founding document.
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Another, filed by nearly 200 Democratic Congressmen, argues that the president has failed to seek Congress's permission before accepting foreign gifts, as the Emoluments clause says he must.
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The emoluments clause is a little-invoked piece of the Constitution that basically says that the President can't accept gifts from foreign powers without the consent of Congress.
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An artist projected "Pay Trump Bribes Here" as well as "Emoluments Welcome" onto the wall of President Trump's Washington D.C. hotel in a controversial publicity stunt Monday evening.
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The attorneys general argue that Trump is violating the emoluments clause of the U.S. Constitution, which bars elected officials from receiving benefits from foreign governments without Congress' approval.
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Trump's emoluments aren't limited to hotel profits; they could also include construction permits abroad, royalties from The Apprentice being aired on state-owned television stations, and so on.
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The problem of companies currying favor with the president by lining his pockets through his business is related to the emoluments issue Vox's Matt Yglesias detailed on Tuesday.
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The judges raised concerns about Messitte's findings on the Constitution's "emoluments" clauses, which prohibit a president from accepting gifts from foreign countries and U.S. states without congressional approval.
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Absent an analysis of the emoluments clause issues in Terry's review of the agreement, the Inspector General's Office wrote that there was a "constitutional cloud over the lease."
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"The so-called Emoluments Clause has never been interpreted, however, to apply to fair value exchanges that have absolutely nothing to do with an office holder," she said.
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"We just won the big emoluments case," the president told reporters on the south lawn of the White House as he departed for a trip to North Carolina.
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Members of Congress were in a unique position to sue to fully enforce the foreign emoluments clause, not just with respect to particular Trump-affiliated businesses, she said.
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It's called the emoluments clause, and it's supposed to guarantee that America's top executive and commander in chief isn't swayed by gifts from foreign or domestic government officials.
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Specifically at issue is the emoluments clause, which says that no elected official shall accept an "emolument" of "any kind whatever" from a king, prince, or foreign state.
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Perhaps most significantly, Trump and his lawyer did not explain how this plan would address the Domestic Emoluments Clause, even though that clause specifically applies to the president.
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"The so-called emoluments clause has never been interpreted, however, to apply to fair value exchanges that have absolutely nothing to do with an office holder," Dillon said.
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Then there's the constitutional provision that prevents ... precludes foreign emoluments, a big word, meaning foreign payola, and the fact of the matter is this violates all of that.
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The first is the need to ensure that Trump does not run afoul of the Emoluments Clause of the Constitution, which would be a grave and impeachable offense.
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Payments to Trump's hotels do not qualify as a violation of the emoluments clause, which is intended to cover personal services performed by the president, the government said.
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He's been the right hand man to White House Counsel Donald McGahn and the two have grappled with critical issues such as Trump's travel ban, emoluments and DACA.
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We're going to pursue the conflict of interest laws and violation of the Emoluments Clause vigorously, which means we'll continue to push for the release of tax returns.
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That decision has sparked a litany of lawsuits claiming President Trump was violating the emoluments clause, which prohibits the president from personally profiting from the office of president.
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The decision sparked an uproar from Trump critics and ethics experts, who argued that Trump was violating the Constitution's emoluments clause and essentially awarding a contract to himself.
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And since Barr isn't a foreign diplomat and is paying for the party himself, legal experts say it's unlikely the move violates the foreign or domestic emoluments clause.
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Shaub in March told other congressional members that OGE has no authority to probe Trump over conflict of interest issues or violations of the Constitution's foreign emoluments clause.
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The Trump Organization's deals with foreign investors have raised questions about possible violations of the Emoluments Clause, a section of the Constitution that prohibits gifts to government officials.
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It is the so-called emoluments charge, which says the president cannot take any payment whatsoever from a foreign country which he, of course, does virtually every day.
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Judge Daniels also ruled that the litigants' complaints did not come within a court's jurisdiction under the domestic and foreign emoluments clauses and involved political, not legal, questions.
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He could ask for more briefings on whether the plaintiffs' complaints are valid claims under the emoluments clauses before ordering discovery—the evidence-gathering stage of the trial.
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Many legal experts predict that the extraordinary contest over whether Mr. Trump has violated the so-called emoluments clauses of the Constitution will eventually reach the Supreme Court.
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"This court will not tell Congress how it should or should not assert its power in responding the defendant's alleged violations of the foreign Emoluments Clause," he wrote.
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The president has been saddled with lawsuits and investigations throughout his term alleging that he's violating the Constitution's emoluments clause by accepting taxpayer money other than his salary.
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Democrats have accused the president of violating the Emoluments Clause of the Constitution, which prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
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The Foreign Emoluments Clause requires those who hold an office of profit or trust under the United States to seek congressional approval before accepting gifts from foreign states.
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Litigation continues over several lawsuits claiming that Mr. Trump is violating the Constitution's emoluments clause that prohibits payments to the president from foreign governments or domestic government entities.
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Raskin echoed critics' concerns about Trump profiting off his company despite the Constitution's emoluments clause, which bars federal officials from receiving any profit or gift from foreign governments.
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Watchdog groups and Democrats have raised concerns that Trump is profiting from the visits of world leaders and diplomats, in violation of the emoluments clause of the Constitution.
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The public is more than capable of understanding, among other things, that the president may have exploited his office to enrich himself, blatantly flouting the Constitution's emoluments clause.
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Even in the minority, Cummings sought to investigate potential violations of the Emoluments clause and whether the administration followed protocols when it came to their employees' security clearances.
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The committee is seeking information about Trump's businesses and foreign governments potentially violating the constitutional ban on presidents accepting payments from government entities, known as the emoluments clause.
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The three-hour hearing in Richmond was the first time that a full federal appeals court has considered the so-called emoluments or anticorruption clauses of the Constitution.
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If substantiated, such a failure would violate regulations rooted in the Constitution that bar current and retired military officers from accepting "emoluments" from foreign powers, the letter said.
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While formal legal arguments can be made why he should be required to release his returns, the arguments necessitate turning to provisions such as the Constitution's Emoluments Clause.
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The emoluments clause of the Constitution forbids a president from profiting from foreign governments or receiving any money from the U.S. government except his or her annual salary.
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The emoluments clause of the Constitution forbids a president from profiting from foreign governments or receiving any money from the U.S. government except his or her annual salary.
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In June, Mr. Tillman filed a friend-of-the-court brief saying that some framers of the Constitution did not think the emoluments clause applied to the president.
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Democrats are looking into possible violations of campaign finance law and use of office for personal gain, particularly where it might violate a constitutional ban on foreign emoluments.
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The problem of companies currying favor with the president by lining his pockets through his business is related to the emoluments issue Vox's Matt Yglesias detailed in January.
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The Justice Department has argued Democrats are reading the Emoluments Clauses too broadly and that there is nothing new or illegal about a president engaging in commercial transactions.
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In the letter, Cummings accused Flynn of violating the emoluments clause as it pertains to military regulations that prohibit retired military officers from receiving payments from a foreign government.
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The case before Sullivan accuses Trump of violating the Constitution's so-called Emoluments Clauses, which bans the president from accepting gifts or payments from foreign governments without congressional consent.
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The GSA inspector general's report made clear that the office was not offering an opinion about whether Trump's interest in the hotel did, in fact, violate the emoluments clauses.
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AliKhan replied that Trump made a decision to keep his business holdings, which offered a way for foreign governments to offer emoluments and for the president to accept them.
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The formal decision comes the same week that an appeals court revived a lawsuit about whether foreigners staying at the Trump hotel in DC breaks the Constitution's emoluments clause.
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Nearly 200 Democratic lawmakers signed onto the lawsuit accusing the president of violating the Constitution's Emoluments Clause, which prohibits officials from receiving gifts from other nations without congressional approval.
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A separate lawsuit from congressional Democrats is also working its way through the courts, alleging that Trump has broken the emoluments clause and seeking information on The Trump Organization.
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Several lawsuits, including one from Democratic lawmakers, accuse Mr Trump of causing harm by violating the constitution's Emoluments Clause, which forbids American officeholders from accepting money from foreign governments.
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These conflicts arguably create a constitutional basis for impeachment under the emoluments clause to the extent that Trump retains ownership of corporate entities that receive payment from foreign governments.
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In short, Trump's plan doesn't solve the significant constitutional problems created by his vast business holdings, failing even to acknowledge the significant Domestic Emoluments Clause challenges those holdings pose.
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The donations have not allayed critics who say Trump is violating the emoluments clauses of the Constitution prohibiting presidents from accepting gifts or payments from foreign or domestic governments.
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The suit, filed in the U.S. district court for Maryland, alleges Trump has violated both the foreign and domestic emoluments clauses by maintaining a financial stake the D.C. hotel.
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John Conyers (D-Mich.) will reschedule a press conference to announce a lawsuit against Trump alleging that the president's business interests are a violation of the Constitution's emoluments clause.
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For example, Tribe and Eisen have been alleging a host of unlawful acts, including a lawsuit alleging unconstitutional emoluments that was thrown out by a federal judge in December.
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Their argument is that Trump — who kept ownership of his businesses when he became president of the United States — is violating the so-called emoluments clauses of the Constitution.
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The emoluments clause of the Constitution gives Congress a unique power, she argued -- almost similar to the Senate's power in confirming presidential nominees to judicial and executive branch positions.
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The constitution has an anti-corruption clause to prevent conflicts of interest known as the Emoluments Clause, which prohibits the president from receiving gifts and benefits from foreign governments.
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Messitte based his interpretation on the constitutional text of the foreign and domestic emoluments clauses and his reading of the framers' intentions, along with dictionaries and other outside sources.
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" Raskin told me that the foreign-emoluments clause "doesn't get enough play, because it's unfamiliar, and it's unfamiliar because no other President ever came close to violating it before.
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"The emoluments issues are presently under judicial review, and, within the executive branch, are under the sole purview of the Department of Justice," he wrote, Politico reported on Tuesday.
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Eisen's organization, along with other groups, has sued Trump for a log of visitors to Mar-A-Lago and over violating the Emoluments Clause with his hotel in Washington.
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The case was brought by the governments of Washington, DC, and Maryland and argues the President has failed to comply with the emoluments clause through the Trump International Hotel.
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He also served as co-counsel in a lawsuit that alleged Trump violated the Emoluments Clause by refusing to fully separate himself from his businesses when he became president.
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In May, a federal judge allowed a lawsuit accusing Trump of breaking the Constitution's Emoluments Clause, which bans improper payments from individual states and foreign governments, to move forward.
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The emoluments issue is also being pursued by the District of Columbia and Maryland, which have sued in federal court over the President's interest in the Trump International Hotel.
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It's ironic that President Donald Trump claimed he was coming to Washington to "drain the swamp," while ignoring he and his family's own flagrant violation of the Emoluments Clause.
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Gowdy also didn't appear particularly eager for his panel to continue investigating Trump's possible violation of the Constitution's emoluments clause, which bars presidents from accepting payments from foreign governments.
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Before Mr. Schneiderman's fall, Ms. Teachout had twice pushed him to go after the president on emoluments, she told me in her campaign headquarters in East Harlem one afternoon.
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But given the glacial speed at which litigation proceeds through the federal courts, Mr Trump may complete his first term before the constitution's emoluments rules catch up with him.
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Both committees raised concerns about possible violations of the Constitution's so-called emoluments clauses, which bar federal officials from accepting payments from foreign governments or profiting beyond their salaries.
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In 2017, a group of attorneys general sued Trump for allegedly violating the Emoluments Clauses of the Constitution, which prohibit the president from accepting financial gifts from foreign governments.
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Judge Messitte found earlier that the local governments had standing to sue the president, and that the emoluments clauses should be broadly interpreted as measures to protect against corruption.
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A group of attorneys general sued Trump in 2017 for allegedly violating the Emoluments Clauses of the Constitution, which prohibits the president from accepting financial gifts from foreign governments.
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In lawsuits, Democratic lawmakers and others have accused him of violating the Constitution's emoluments clauses, which prevent a president from accepting government-bestowed benefits either at home or abroad.
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The suit, filed in June, alleges that Trump is violating two "emoluments" clauses in the Constitution by using his Pennsylvania Avenue hotel to reap financial dividends from his presidency.
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Mr. Trump's callous disregard for ethical norms is exactly the attitude that the founders sought to protect the country against, through the emoluments clauses they put into the Constitution.
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Critics say the decision potentially violates the emoluments clauses of the Constitution, which prohibit government officials (like, say, the sitting president) from accepting gifts or payments from foreign governments.
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In September, the 2nd Circuit Court of Appeals ruled that another emoluments case against Trump brought by the group Citizens for Responsibility and Ethics in Washington could move forward.
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Mr. Trump has driven right over the Constitution by allowing foreign governments to funnel money to him through his hotels and golf courses, in violation of the emoluments clause.
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In addition, Article II of the Constitution specifically bars the president from earning any emoluments, or profits, from the federal government or state governments in addition to his salary.
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Many asserted that the move represented a violation of the Constitution's Emoluments Clause, which bars federal officeholders from accepting payments from foreign countries, U.S. states or the federal government.
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A group of more than 200 Democratic lawmakers are arguing that the president robbed them of their role to approve any emoluments he receives by not seeking congressional consent.
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Two other Obama appointees, Judge James A. Wynn Jr. and Judge Albert Diaz, both suggested that failure to enforce the emoluments clauses effectively places Mr. Trump above the law.
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A U.S. District Judge in March limited the scope of the emoluments clause lawsuit to alleged constitutional violations by Trump involving operations of the Trump Organization within D.C. only.
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CREW's emoluments lawsuit notes that Trump began seeking trademark protection in China for use of his name in construction service in 2006, but had that bid was repeatedly rejected.
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If substantiated, such a failure would violate military regulations that apply a constitutional provision that bars current and retired officers from accepting "emoluments" from foreign powers, the letter said.
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There is civil litigation pending in federal courts over whether Trump has violated the Emoluments Clause, but it is unclear what remedy a court would have authority to impose.
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The emoluments clause of the Constitution forbids a president from profiting from foreign governments or receiving any money from the U.S. government except his or her annual salary. Rep.
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The 4th Circuit, conversely, has rejected an Emoluments-related lawsuit brought by the District of Columbia and Maryland against Trump in his personal capacity for possible conflicts of interest.
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But the emoluments clause — and litigation around it — has become a key flashpoint in the larger debate over Trump's financial conflicts of interest and lack of disclosure about his finances.
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Dillon said that the Emoluments Clause in the Constitution — which bars individuals holding office in the U.S. from accepting payments from foreign states — did not apply to the hotel visits.
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Eisen said, though, that this structure still leaves the possibility for emoluments violations or leaves the door open to running afoul of rules prohibiting bribery or insider trading, for example.
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Underwood also was investigating whether Trump has violated the emoluments clause of the U.S. Constitution, which generally prohibits federal officials from receiving gifts or payments from foreign or state governments.
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A lawsuit filed on January 23rd in a federal district court in New York may add a rather obscure constitutional provision to the layman's legal vocabulary: the foreign emoluments clause.
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The emoluments cases have largely centered on the Trump International Hotel, just blocks from the White House, which the Republican president opened shortly before he was elected in November 2016.
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Barr's professed ignorance of the subject aside, however, it seems likely that as long as Trump is president, the Justice Department is going to take his side in emoluments litigation.
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Some of Trump's critics have argued that his business dealings are in violation of the Constitution's Emoluments Clause, which prohibits the President from accepting gifts from foreign leaders or governments.
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The state of Maryland and the District of Columbia are suing Trump, alleging he violated the Emoluments Clause of the Constitution by taking gifts from foreign governments through his properties.
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The US Court of Appeals for the District of Columbia Circuit said Friday it should hear the case, about the emoluments clause of the Constitution, before the Democrats collect evidence.
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It's the strongest sign yet that the emoluments fight may become one of the most important legal issues about presidential and congressional powers that courts may consider during Trump's presidency.
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"Violation emoluments clause, no wall, no lock-her-up, plenty of lobbyists, no experience cabinet, ummm...maybe some folks were lied to," Ellison wrote on Twitter of the president-elect.
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Nonetheless, public reporting—and indeed admissions by the President and his own privately held businesses—make clear that Donald Trump has repeatedly and brazenly violated the Foreign Emoluments Clause. 4.
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And the Trump Organization isn't even tracking all of its income from foreign governments, a move that risks violating the Emoluments Clause's prohibition on unauthorized foreign gifts to elected officials.
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In Adler's reading of the law, neither CREW nor Trump business rivals can force redress of the violation without Congress granting a private right of action to enforce Emoluments Clauses.
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Overall, Trump's properties both foreign and domestic — and the fact that he and other government officials stay at them — have led to questions about the emoluments clause in the Constitution.
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American law has long thrown up obstacles to meddling from abroad, from the Constitution's Foreign Emoluments Clause to the ban on election spending by foreign nationals first enacted in 1966.
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A judge last month dismissed a lawsuit from a liberal watchdog group that claimed Trump was violating the emoluments clause of the Constitution by benefitting from his businesses while president.
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The groups requested the U.S. attorney for the Southern District of New York look into whether the president had gotten benefits from foreign governments, in violation of the Emoluments Clause.
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U.S. Department of Justice lawyers have argued in court filings that the emoluments clauses were intended to prohibit outright bribes and that the president was not in violation of them.
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But attorneys for the House said that the records will help strengthen ethics and disclosure laws and see if Trump is in compliance with the Emoluments Clause of the Constitution.
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The suit, filed by Washington, D.C., and the State of Maryland, accuses Mr. Trump of violating constitutional anticorruption clauses intended to limit his receipt of government-bestowed benefits, or emoluments.
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DAYS AFTER he took office, Donald Trump found himself as a defendant in a lawsuit based on the constitution's two "emoluments" clauses which prevent presidents from profiting from their office.
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"They're also going after other payments that aren't emoluments clause violations that we ought to know about that could be creating financial conflicts of interest for her," Mr. Painter said.
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Some Republican members of Congress say it is O.K. with them to ignore the emoluments clause of the Constitution and hold the Group of 7 summit at the president's resort.
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While Trump's presidency has set Washington spinning and blown new life into dusty provisions of the Constitution, his lawyers should rest easy — there aren't any emoluments hiding under the bed.
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Because the emoluments lawsuits are largely unprecedented, the courts have had to first decide who, if anyone, has legal standing to bring a suit against the president under the provisions.
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" Trump's tweets on Saturday came after The Post published a piece that read like an omnibus of Trump sensitivities: "From Mueller to Stormy to 'Emoluments,' Trump's Business Is Under Siege.
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By his standard, the judges said, no plaintiff would ever have the legal standing to sue the president for accepting financial benefits or emoluments from foreign governments without congressional approval.
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HB: They also didn't mention the way he's profited off of foreign governments spending money at his hotels during his term in violation of the emoluments clause of the Constitution.
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"Potential violations of the foreign and domestic emoluments clauses of the Constitution are of grave concern to the committee as it considers whether to recommend articles of impeachment," he wrote.
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Mulvaney insisted to reporters that the selection would not be a conflict of interest, or violate the Constitution's emoluments clause, which prohibits the president from accepting benefits from foreign governments.
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Multiple lawsuits have alleged Trump is in violation of the Emoluments Clause of the Constitution, which prohibits elected officials from receiving gifts or benefits from foreign governments without Congress's approval.
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The next best hope is the coming wave of "emoluments" lawsuits that allege Mr. Trump is in violation of the Constitution because his business operations accept payments from foreign governments.
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Multiple lawsuits have alleged Trump is in violation of the Emoluments Clause of the Constitution, which prohibits elected officials from receiving gifts or benefits from foreign governments without Congress's approval.
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The President and his legal team decided to entrust the case to Consovoy and his firm in part because he had already been representing the President in the emoluments case.
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In the new case, the lawyers argue that a provision in the Constitution known as the Emoluments Clause bans payments from foreign powers like the ones to Mr. Trump's companies.
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Bret: I long for the days when we could debate the merits of, say, the Davis-Bacon Act, and not the emoluments clause and how Trump is probably violating it.
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The big picture: Congressional Democrats are investigating Trump's proposal to host the 2020 G7 summit at Trump National Doral near Miami, arguing that it would violate the Constitution's emoluments clause.
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In the interview, the Utah Republican said Trump isn't violating the emoluments clause of the Constitution and that the president had complied with all of the necessary finance disclosure laws.
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Before the court system will actually agree to rule on the merits of whether Trump is violating the emoluments clause, plaintiffs must first demonstrate their standing to bring a suit.
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To do that, they must convince the court that they were directly harmed by what they're suing about (the alleged emoluments clause violations) in a way the court can remedy.
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But now the new suit from the Maryland and DC attorneys general has opened up a new front in the emoluments battle by making a different set of standing claims.
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If Congress wants to enforce the emoluments clause against Trump, they could pass some specific legislation enabling judicial enforcement of its terms, or it could be used as grounds for impeachment.
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They included in the Constitution a clause — the so-called emoluments clause -- that prohibits officers of the United States from accepting anything of value from foreign governments without explicit congressional permission.
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There can be no dispute that the rules in the Constitution, for example, which prohibit presidents from taking foreign government cash and other benefits, so called emoluments, apply to the president.
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The Post's report came a day after attorneys general in Maryland and D.C., in a separate emoluments case, sent subpoenas for financial records from more than a dozen Trump business entities.
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Only if a president can be said to have performed a specific action as a direct result of receiving a payment, Mr Trump's lawyers argued, do the emoluments clauses constrain him.
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" The domestic emoluments clause says the president will be paid for his service and "shall not receive within that Period any other Emolument from the United States, or any of them.
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What about the "blockbuster question" about whether foreign governments doing business with Trump properties with the express goal of pleasing Trump would be covered under the Foreign Emoluments Clause, Messitte asked.
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Ethics experts worry the speed and volume of the process violates the Emoluments Clause of the U.S. Constitution, which prohibits government employees from financial gain at the hands of foreign countries.
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" They also argue that the Constitution's emoluments clause refers only to "compensation accepted from a foreign government for services rendered" and not a broader interpretation that covers "any profit or gain.
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" Discussing the the hospitality industry plaintiffs, he wrote, "Nothing in the text or the history of the Emoluments Clauses suggests that the Framers intended these provisions to protect anyone from competition.
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Theoretically, an unfavorable ruling for Trump in the emoluments clause suit could have massive implications for how the Trump Organization does business — though appeals are likely to stretch on for years.
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But assuming for the moment that a court eventually reaches the issue of whether President Trump has violated the Emoluments Clause, the plaintiffs will have their work cut out for them.
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Those who believe Trump has violated the Foreign Emoluments Clause, for example, take the position that any benefit, or any payment at all from a foreign government, is an automatic violation.
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The lawsuit accused Trump of violating the Constitution's "emoluments" clauses, which bar federal officials from accepting gifts from foreign governments without congressional approval, and the president from receiving gifts from states.
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There are numerous ways by which a president could comply with this practice and avoid the perceived ethics law and Emoluments Clause issues that global financial holdings are likely to generate.
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For example: The debate over whether the Emoluments Clause applies to Trump's business interests has been tons of fun for the wonks, but for most people, it's been a confusing slog.
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Critics have said that business between the Trump Organization and foreign leaders, as well as the Trump Organization's frequent use by GOP groups for events, could violate the Constitution's Emoluments Clause.
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Trump has also likely violated the emoluments clause of the Constitution, which forbids the president, without formal authorization from Congress, from taking anything of value from foreign governments or their agents.
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Maryland and the District of Columbia's local government have filed their own emoluments lawsuit against the president, which a federal District Court judge in Maryland ruled in March could go forward.
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Update: Congressional Democrats are filing a lawsuit against President Trump on Wednesday, claiming he violated the Constitution's foreign emoluments clause, which restricts presidents from receiving gifts and benefits from foreign governments.
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The lawsuit, filed after the Republican president took office in January, accused Trump of running afoul of the Constitution's "emoluments" clause by maintaining ownership of his business empire while in office.
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A federal lawsuit filed by Democratic members of Congress and one filed by the governments of Maryland, Virginia and the District of Columbia accuse the president of violating the emoluments clauses.
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He's also being sued separately for violating the Emoluments Clause -- which prohibits federal officeholders from receiving gifts and payments from foreign states or their representatives -- in his official capacity as President.
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The Post obtained an advanced copy of the complaint, which argues that the "foreign emoluments clause" in the Constitution requires the president to get the "consent of Congress" before accepting gifts.
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President Trump is requesting that a lawsuit accusing him of violating the Constitution's Emoluments Clause be dropped, CNN reports, although the president is "still is absolutely immune," according to the filing.
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She told CNN that Democrats have a case for impeachment based on claims that Trump violated the Emoluments Clause, which prohibits federal officeholders from receiving gifts and payments from foreign states.
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James said she will also investigate a June 2016 Trump Tower meeting between Trump campaign officials and a Russian lawyer, as well as any potential violations of the Constitution's Emoluments Clause.
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Trump also went to court to try to block a lawsuit brought by two hundred members of Congress, which alleges that his business dealings violate the emoluments clause of the Constitution.
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The judges suggested that the plaintiffs seemed to have no clear notion of what exactly they wanted Mr. Trump to do, should he be found to have violated the emoluments bans.
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Last year, the New York-based 2nd Circuit revived an emoluments suit there, while the Richmond, Va.-based 4th Circuit threw out a suit filed by the Maryland and D.C. governments.
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A specific example of that could easily be emoluments questions or federal campaign violations in 2016 with hush money payments or abuse of power and obstruction identified by the Mueller report.
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A federal judge ruled that a lawsuit could proceed that alleges that payments to Trump's hotel in Washington by foreign governments could violate the once-obscure emoluments clause of the Constitution.
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Edmund Randolph tried, unsuccessfully, to convince him that if a president accepted payments from a another country, he would be in violation of the Constitution's emoluments clause — an impeachable high crime.
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"The so-called Emoluments Clause has never been interpreted, however, to apply to fair value exchanges that have absolutely nothing to do with an office holder," Dillon said on Jan. 11.
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That has triggered complaints from an array of watchdog and private groups, as well as the congressional Democrats, that Trump is in violation of the Constitution's ban on emoluments, or payments.
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Sessions was also asked whether he'd appoint special counsel should President-elect Donald Trump or a member of his family violate the emoluments clause or STOCK Act, but sidestepped the question.
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The Trump practice that finds federal money flowing into his businesses around the country is what the Founders had in mind when they banned foreign and domestic "emoluments" in the Constitution.
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I don't think you people with this phony Emoluments Clause — and by the way, I would say that it's cost me anywhere from $2 [billion] to $5 billion to be president.
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Messitte did not make any rulings on the allegations in the case, which accuse Trump of taking illegal gifts from foreign governments through his family's business, violating the Constitution's Emoluments Clause.
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He also disagreed that the emoluments clauses were meant to protect private businesses from competition, and wrote that the case waded into political issues the court lacked authority to rule on.
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Critics have argued that patronage of Trump's properties from foreign officials and domestic political organizations including Republican groups constitute violations of the constitution's Emoluments Clause, which forbids gifts to public officials.
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Andrew Desiderio: Some House Democrats would like to see dozens of articles of impeachment against the president — ones that cover everything from Ukraine to Mueller to emoluments and everything in between.
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This was almost certainly the first confirmation hearing to feature questions on the Constitution's Emoluments Clause, which may bar President Trump's businesses from doing business with companies controlled by foreign governments.
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The report also summarizes the lawsuit filed against President Trump by more than 200 congressional Democrats, alleging that he violated the emoluments clause by accepting foreign funds through the Trump Organization.
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The Constitution's Emoluments Clause, and long-standing arguments that Trump has violated it by using the presidency to earn profits for his businesses, could spark more calls for additional impeachment articles.
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The Emoluments Clause of the Constitution prohibits anybody holding a position of trust with the United States government, including the president, from receiving economic benefits from business dealings with foreign governments.
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The weight of historical evidence shows that the framers meant the emoluments clauses to act as a broader check on influence-peddling that could influence a president's decisions, the judge said.
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Besides the emoluments clause lawsuit, the group sent a letter to the General Services Administration about the lease on Trump's DC hotel, which bars elected officials from benefiting from the property.
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President Donald Trump is facing a new lawsuit from the state of Maryland and from Washington, DC, over whether his continued ownership of his business empire violates the Constitution's emoluments clause.
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Many have argued that this practice is unethical — it's why presidents traditionally step away from their businesses while in office — and some say it's downright illegal, because of the emoluments clause.
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From the first moments of his presidency, Donald Trump has been violating an important constitutional provision: the foreign emoluments clause, which prevents a government official from benefiting personally from a foreign government.
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Chaffetz said he's not presently interested in a lawsuit from an ethics accountability group saying Trump violated the foreign emoluments clause of the Constitution by accepting foreign payments through his business ventures.
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The Center for Responsibility and Ethics in Washington, a watchdog group, filed a lawsuit against Trump, hoping to get a court to rule that he is in violation of the emoluments clause.
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The more progressive wing of her caucus wanted to move quickly on impeaching President Donald Trump citing campaign finance violations, the emoluments clause, and the then still-to-be-concluded Mueller investigation.
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Trump's other properties and business dealings are not at issue, but they are part of a separate lawsuit claiming violations of the Foreign Emoluments Clause filed by nearly 200 Democrats in Congress.
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Nearly 200 Democrats in the US Senate and the US House of Representatives sued Trump last year in federal court in Washington, DC, accusing him of violating the Constitution's foreign emoluments clause.
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To demonstrate the existence of emoluments, they would like to find evidence that Trump's hotel has been able to charge extraordinary rates above and beyond the ordinary market price of the hotel.
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Other emoluments lawsuits are working their way through the system, but in the week that Republican senators voted not to remove Trump from office, he has continued to avoid potential investigative risks.
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News of foreign dignitaries flocking to the hotel after Trump's electoral win in November have spurred questions about whether the business is a violation of the Constitution's Emoluments Clause prohibiting foreign influence.
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In other words, Clark said, payments passing through a chain of intermediaries to a U.S. official could still constitute emoluments because they could ultimately enrich and influence the behavior of the official.
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In accepting these benefits and others without prior congressional consent, the President has been repeatedly violating the Foreign Emoluments Clause, the Constitution's preeminent bulwark against the foreign corruption of the nation's leaders.
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The party will also be able to set the House's legislative agenda and engage in oversight of the Trump administration, including over Trump himself for possible violations of the Constitution's Emoluments Clause.
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After taking the reins of the House Oversight Committee he launched investigations into the president's dealings in Russia, his hotel in DC, the emoluments clause, and security clearances in the White House.
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I reached out to Georgetown Law professor John Mikhail, who has done considerable scholarly work on emoluments, to explain why they matter and whether this ruling poses a real threat to Trump.
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The second count, referring to Trump's business interests, including his hotels, asserts that he violated the foreign-emoluments clause of the Constitution, which bars federal officeholders from receiving payments from foreign governments.
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He also allowed a lawsuit to proceed that involves more than 200 Democrats alleging Trump has violated the emoluments clause, which is meant to prevent the president from receiving illegal foreign gifts.
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Divesting would also ensure that Mr. Trump doesn't violate the Emoluments Clause of the Constitution, which prohibits American officials from receiving any gifts or income from foreign governments without permission from Congress.
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"If he decides to hold the G-6900 meeting in 2628 at Trump National Doral Golf [Club], this would be a perfect violation of the foreign and domestic emoluments clauses," Raskin added.
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Three different lawsuits have been brought accusing the president of violating the emoluments clause of the Constitution, which prevents elected officials from receiving gifts or benefits from foreign governments without Congress's approval.
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It claims that by hosting foreign entities at his hotels and restaurants, Trump has violated the Emoluments Clause, which prohibits a sitting president from taking money from other governments without Congressional approval.
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Those investigations could now shift to issues involving emoluments and potential conflicts of interest posed by Trump's business empire, especially as Trump and close allies still face federal investigations in New York.
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A federal judge has rejected President Trump's attempt to dismiss a lawsuit alleging he has violated the emoluments clause of the Constitution by doing business with foreign governments, the Washington Post reports.
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This effort relies on an incredibly broad definition of the Constitution's Emoluments Clause, which is the specific section of the Constitution which bars compensation or gifts to government officials from foreign governments.
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The suit, filed by the attorneys general of Washington, D.C., and Maryland, alleges that Mr. Trump's decision to retain ownership of the hotel after he took office violates the Constitution's emoluments clauses.
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The expenditures — amounting to $22016,22018 in total — raise new questions about the extent to which Trump is personally profiting from the federal government, which is prohibited by the Constitution's Domestic Emoluments Clause.
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" They have also argued that the Constitution's emoluments clause refers only to "compensation accepted from a foreign government for services rendered" and not a broader interpretation that covers "any profit or gain.
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"The threat that the President's personal financial interests could shape decisions concerning official U.S. government activities is precisely the type of risk that the Emoluments Clauses were intended to minimize," Nadler wrote.
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"I said from the beginning that the emoluments thing was just an obvious constitutional breach," Steyer said last week, as his campaign bus rolled toward a town meeting in rural northwest Iowa.
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The president is facing multiple lawsuits that allege he is in violation of the Emoluments Clause of the Constitution, which prohibits elected officials from accepting gifts from foreign leaders without congressional approval.
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If that is accurate, Mr. Flynn's speaking engagement could violate the emoluments clause of the Constitution, which prohibits officials from accepting anything of value from foreign governments and covers retired military officers.
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The allegation stems from provisions in the Constitution that bar the President from accepting so-called emoluments from foreign governments or compensation from any federal or state government other than a salary.
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Federal judges in the Second Circuit overturned a lower court's decision to throw out a lawsuit related to the Constitution's "emoluments clause," which prohibits the president from accepting gifts from foreign governments.
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"Get ready to hear about the word 'emoluments,'" Davis said, referring to the clause in the Constitution that bars presidents from profiting from the presidency by accepting gifts or money from foreigners.
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Anthony D. Romero, the executive director of the American Civil Liberties Union, said it was separately looking for plaintiffs to file a lawsuit alleging that Mr. Trump is violating the Emoluments Clause.
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Critics of the Trump administration have argued that patronage of Trump's businesses by both domestic political groups and foreign entities represent violations of the Emoluments Clause, which forbids gifts to federal officials.
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Two cases now working their way through the courts focus on whether patrons of his hotels hail from overseas or state governments, a potential violation of the emoluments clauses of the Constitution.
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Other cases are being pursued by the attorneys general of Maryland and the District of Columbia, who allege Trump transgressed the Constitution's Emoluments Clause, which bans officeholders from profiting from foreign interests.
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The lawsuit, filed by the Democratic attorneys general of Maryland and the District of Columbia, alleges that Trump has violated the U.S. Constitution's "emoluments" provisions designed to prevent corruption and foreign influence.
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Messitte ruled in March that the plaintiffs had legal standing to pursue the case and in July rejected what he called Trump's "cramped" view that emoluments were limited essentially to outright bribes.
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Trump is facing a lawsuit from the liberal watchdog group Citizens for Responsibility and Ethics in Washington, who argue that the emoluments clause prohibits Trump's businesses from accepting payments from foreign governments.
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The suit alleged that Trump was a "walking, talking violation of the Emoluments Clause of the Constitution" because he continues to own hotels and companies that do business with foreign governments, NPR reports.
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Others have argued that the emoluments clause is clearly intended to be about gifts, and that merely having foreign investments does not appear to have been something the founders were particularly concerned with.
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The central legal argument lodged by the ethics accountability group on Monday was that the President has violated the foreign emoluments clause of the Constitution by accepting foreign payments through his business ventures.
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The twin bans on emoluments, DC and Maryland say, were inserted into Articles I and II to ensure that chief executives have "undivided loyalty to the American people, and the American people only".
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" However, South Texas College of Law professor Josh Blackman said that foreign government payments that enrich a U.S. official should only constitute emoluments if they are "tied to the discharge of official duties.
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Lobbyists said they chose the Trump hotel because it offered a discount for veterans, but the case is nonetheless being used in an emoluments lawsuit that accuses Trump of profiting off the presidency.
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Additionally, the Army is looking into whether Flynn received money from the Russian government for a trip to Moscow in 2015, which could be a violation of the emoluments clause of the Constitution.
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The documents say that under the Constitution's emoluments clause it's illegal for a former military official to accept "consulting fees, gifts, travel expenses, honoraria, or salary" without running it by the government first.
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The lawsuit filed in Manhattan federal court by Citizens for Responsibility and Ethics in Washington contended that the Constitution's 'emoluments' clause forbids such payments, and seeks to stop Trump from accepting such payments.
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" However, South Texas College of Law professor Josh Blackman said that foreign government payments that enrich a U.S. official should only constitute emoluments if they are "tied to the discharge of official duties.
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One of those attorneys was the strident anti-corruption advocate Preet Bharara, who had been asked two days previously to investigate whether or not Trump had violated the Emoluments clause of the Constitution.
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Several states have filed a lawsuit arguing that Trump's use of his own businesses violated the Emoluments Clause of the Constitution, a suit which a federal judge ruled last week could go forward.
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"In the emoluments cases, you've got the DOJ defending him on constitutional principles," said William Weinstein, a New York attorney suing Trump in one of the foreign payments cases, according to USA Today.
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Trump's lawyers also argued that the emoluments clause only bars compensation made in connection with services provided in his official capacity or in "an employment-type relationship" with a foreign or domestic government.
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Another lawsuit against the Trump Organization is in the U.S. District Court for Maryland; it alleges that the president violated the emoluments clause of the Constitution because he remains involved in his business.
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He also warned that it raises questions of whether Trump is in compliance with the Constitution's Emoluments Clause, which states that presidents should receive only their fixed salary so they can stay independent.
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In the lawsuit, filed in the U.S. District Court for the District of Columbia, the Democrats allege that Trump violates the Constitution's Emoluments Clause whenever he profits from foreign governments without Congress's approval.
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Sullivan, an appointee of former President Clinton, also rejected the president's claim that the lawmakers cannot sue him on an individual basis because their duties are only "marginally related" to the Emoluments Clause.
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Trump is already facing two lawsuits, both as the president and as an individual, for allegedly violating the emoluments clause of the Constitution, which bans elected officials from financially benefitting from foreign governments.
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"Potential violations of the Foreign and Domestic Emoluments Clauses of the Constitution are of significant interest and grave concern to the Committee as it considers whether to recommend articles of impeachment," he added.
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Democratic members of Congress on Wednesday sued President Trump in federal court, claiming he had violated the emoluments clause of the Constitution by accepting foreign funds through the Trump Organization without Congressional approval.
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And Democrats also worry that foreign government officials are booking rooms and events at the Trump Hotel to curry favor with the White House, which could violate the emoluments clause of the Constitution.
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Prior to Racine and Frosh's announcement Monday, various Democrats in both the House and the Senate vowed to file yet another suit claiming Trump's businesses have violated the Emoluments Clause, according to Politico.
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The conflicts surrounding Trump's D.C. hotel and the emoluments clause were exasperating but remote in their immensity, whereas a $211 toll for a $216 bottle of milk was an affront you could grasp.
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And if a hotel branded and managed by the Trumps received foreign government funding, it could test the Constitution's emoluments clause, which essentially prohibits the president from accepting certain gifts from foreign governments.
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The suit, brought by the Cork Wine Bar, paralleled several other cases accusing Trump of violating the Constitution's emoluments clauses by hanging on to his hotels and other businesses while serving as president.
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" Mr. Trump said George Washington had continued to run a business while he was president and used two desks, one for business and one for the presidency in dismissing "this phony emoluments clause.
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Legal experts had widely considered the congressional suit to be the weakest of three lawsuits accusing Mr. Trump of violating the Constitution's emoluments clauses by failing to divorce himself from his private businesses.
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The acting chief of staff dismissed criticism that the property's selection violates the Emoluments Clause of the Constitution, which prohibits presidents from accepting payments from foreign countries, U.S. states or the federal government.
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House Judiciary Chairman Jerry Nadler, D-New York, said the selection of the Doral is a potential violation of the Constitution's emoluments clauses, which bar a president from receiving gifts from foreign nations.
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The lawmakers and attorneys general are fighting with Trump, who will be represented by the Department of Justice, over the question of whether they have standing to sue to enforce the emoluments clauses.
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He and his lawyers have played down the importance of the emoluments clause of the Constitution, which prohibits government officials from accepting gifts or income from foreign governments without the approval of Congress.
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The Constitution's Foreign Emoluments Clause prohibits certain public officials from accepting "any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State" without the consent of Congress.
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That means this series of emoluments-related cases will give judges the chance to rule on whether the clauses are essentially "phony," as Trump calls them, or whether they have serious legal heft.
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The watchdog group led by Eisen and Painter, Citizens for Responsibility and Ethics in Washington, has already sued Trump in federal court for allegedly violating the Emoluments Clause within days of his inauguration.
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On Tuesday, they announced a hearing for next week focused on whether Mr. Trump's businesses have illegally profited from spending by foreign and domestic government spending in violation of the Constitution's emoluments clauses.
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For their part, the Trump Organization and Mr. Trump's lawyers say the Emoluments Clause does not apply to his business empire, a range of hotels, golf courses and real estate across the globe.
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The White House acting chief of staff said the president would not be in violation of the Constitution's Emoluments Clause because Trump would not profit from a gathering hosted at cost (The Hill).
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After the lawmakers sued Trump in 2017, a district court judge ruled that they had standing to sue the president because they had demonstrated that Trump had nullified their role in approving emoluments.
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Payments by foreign governments to his hotels — for diplomatic soirees or overnight stays — might violate the so-called emoluments clause of the Constitution, which prohibits gifts to federal employees from foreign government entities.
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Disregarding advice that restrained other presidents, Mr. Trump kept his real estate business despite the Constitution's emoluments clause, paid hush money to an alleged paramour and sought to impede investigations that threatened him.
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House lawyers said the details on Trump's financial dealings could help efforts to tighten financial disclosure laws and to regulate what so-called emoluments presidents and other officials can accept from foreign sources.
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In fact, concerns over foreign actors spending at Trump properties has spawned two lawsuits that argue the Trump administration has violated the Constitution's emoluments clause, which prohibits payments and gifts from foreign governments.
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These holdings would be in direct violation of the emoluments clause in Article I, Section 9 of the Constitution, which bars presidents from taking money or gifts from foreign leaders without Congress's approval.
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Finally, if all else fails, state attorneys general, as we have seen in cases on the travel ban or emoluments or immigration, have wide latitude and authority to investigate and bring criminal charges.
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However, the case from two Democratic attorneys general could stand a better chance in court as the first government action over allegations that Trump, a Republican, violated the constitution's so-called emoluments clause.
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Democrats have alleged Trump is violating the U.S. Constitution's emoluments clause, which bars presidents from receiving gifts of value from foreign governments, citing Trump's continued ownership of hotels that foreign government delegations patronize.
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The big picture: Trump chose not to transfer assets to a blind trust when he took office, a decision that has prompted emoluments lawsuits over allegations that he has benefited financially from the presidency.
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Likelihood: So far, Mark Sanford and Justin Amash are the only two Republicans to cosponsor the bill, although Walter Jones supported the House resolution requesting Trump's tax returns as part of an emoluments investigation.
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The least likely, and most hoped for by opponents of President-elect Trump, is the possibility that the president, unconcerned by a wide variety of conflicts, somehow, violates the "Emoluments Clause" of the Constitution.
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"Congress would be well within its rights to impeach him for engaging in 'high crimes and misdemeanors'," according to Eisen, Painter and Tribe if there was reason to believe Trump violated the emoluments clause.
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The emoluments litigation, which could end up before the Supreme Court, represent the first time in U.S. history courts have interpreted this language in the Constitution and how it relates to a sitting president.
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For instance, Schumer asked about a Muslim ban, the Emoluments Clause, voter fraud allegations and whether Gorsuch agreed with conservative lawyers who have said some of the President's executive orders have gone too far.
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The emoluments litigation, which could end up before the Supreme Court, represents the first time in U.S. history courts have interpreted that language in the Constitution and how it relates to a sitting president.
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Justice Department attorney Hashim Mooppan focused his arguments Tuesday on urging the court to toss the case outright, arguing there was no legal authority for anyone to sue the president under the emoluments clauses.
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But congressional Democrats say the president's alleged emoluments clause violations are about more than money, pointing to other benefits that Trump's businesses have received, such as the awarding of trademarks and favorable regulatory decisions.
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The internal watchdog of the General Services Administration last January said the agency had improperly "ignored" the emoluments clause when it allowed the Trump Organization to manage the hotel after Trump was elected president.
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The case is just one of three lawsuits challenging Trump for alleged violations of the emoluments clause in connection with revenue from foreign governments and their officials who patronize his hotels and other businesses.
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In 2017, a group of congressional Democrats sued Trump in Washington for allegedly accepting gifts or payments from foreign governments through his businesses, a violation of the anti-corruption Emoluments Clauses of the Constitution.
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A federal judge rejected Tuesday another attempt by President Trump's representatives to stop a lawsuit alleging the Trump Organization is in breach of the Constitution's restriction on emoluments — gifts and payments — from foreign governments.
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Additionally, Democrats have called on the Defense Department to find out if Flynn, who is a retired Army general, breached the Constitution's emoluments clause which prohibits top officials from receiving money from foreign governments.
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CREW co-chair Painter agreed that the judge overseeing the case, U.S. District Judge Ronnie Abrams of Manhattan, will have to decide whether anyone has a private right to sue for Emoluments Clause violations.
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"The president risks violating the domestic emoluments clause if his company is making money off of the Secret Service," Richard Painter, the former White House ethics lawyer for President George W. Bush, told CNN.
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Congress should learn details about the transactions -- called emoluments in this case, a term outlined in in the US Constitution — and approve them before Trump Organization can accept them, the members of Congress allege.
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Those potential offenses include violating the Emoluments Clause, an attempt to "defraud the United States" by directing Cohen to make the hush money payments and whether evidence from Mueller's investigation finds obstruction of justice.
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Democrats have long claimed that Trump has violated the Constitution's Emoluments Clause by profiting from officials spending money at his properties, and some have suggested Trump's alleged violations could be another article of impeachment.
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After all, there is no ideological reason for Republicans to ignore security breaches in Mar-a-Lago, the adequacy of the response of hurricanes in Puerto Rico, or possible violations of the emoluments clause.
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"The reason we don't really have a lot of precedent here is that presidents in the past have gone out of their way to avoid getting even close to the Emoluments Clause," she said.
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Read more: Inside Trump's controversial luxury golf resort in Ireland, where Pence spent US tax dollars and sparked outrageTrump has been the subject of multiple investigations into whether he had violated the emoluments cause.
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"The threat that the President's personal financial interests could shape decisions concerning official U.S. government activities is precisely the type of risk that the Emoluments Clauses were intended to minimize," the Judiciary Democrats wrote.
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Justice Department lawyers contend that Judge Peter J. Messitte of United States District Court in Greenbelt, Md., has wrongly interpreted the meaning of the emoluments clauses, construing the bans against corruption far too broadly.
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The inspector general's report suggested that the intersection of Mr. Trump's business with his role as president might violate the Constitution's restrictions on government-bestowed benefits or "emoluments" to federal officials, besides their salaries.
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By taking advantage of his official position, the lawsuit said, Mr. Trump violated clauses of the Constitution that prohibit a president from accepting any government-bestowed benefits, or emoluments, either at home or abroad.
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For instance, Mr. Trump's continued refusal to release his tax returns is part of his family's sketchy financial dealings, which raise serious questions about everything from emoluments violations to inappropriate dealings with foreign interests.
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The lawsuit, the first of its kind, asserts that Mr. Trump is violating the clauses in the Constitution that restrict federal officials from accepting government-bestowed financial gains or "emoluments," other than their salaries.
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The public, already primed against the president on the issue, would need no mental timeline of meetings, memos, and recusals, or working knowledge of the Emoluments clause to engage with the matter at hand.
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What's happening: The committee asserts that hosting some of the world's major economic powers at Trump National Doral would implicate the U.S. Constitution's foreign and domestic emoluments clauses, which could be grounds for impeachment.
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"The President's personal financial interests are clearly shaping decisions about official U.S. government activities, and this is precisely the type of risk that the Constitution's Emoluments Clauses were intended to prevent," the lawmakers wrote.
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The emoluments clauses are based on a simple, sound idea — that the nation's security and well-being are threatened when those entrusted with acting in the public interest use their office for private gain.
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Earlier this year, Messitte — an appointee of President Bill Clinton — issued an opinion turning down arguments from Justice Department attorneys that Maryland and D.C. lacked legal standing to pursue the emoluments issue against Trump.
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"The founders ensured that federal officeholders would not decide for themselves whether particular emoluments were likely to compromise their own independence or lead them to put personal interest over national interest," the lawsuit states.
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The Justice Department has argued that the emoluments clauses do not bar ordinary commercial payments to Mr. Trump's companies, and Mr. Trump's defenders say he has taken measures to distance himself from his holdings.
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Just last week, the group Citizens for Responsibility and Ethics in Washington sued Trump for violating the Constitution's emoluments clause, which bars federal officials from receiving any "present" or "emolument" from a foreign state.
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The big picture: Maryland and D.C. have backed the suit, arguing that Trump is in violation of the emoluments clause by profiting from officials, both foreign and domestic, who stay at the luxury property.
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Teachout, an expert in the law as an academic, was one of the lawyers on an Emoluments Clause lawsuit brought against the president by the watchdog group Citizens for Ethics and Responsibility in Washington.
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The Justice Department has argued that the emoluments clause does not bar ordinary commercial payments to Mr. Trump's companies, and Mr. Trump's defenders say he has taken measures to distance himself from his holdings.
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The suit invokes several anti-corruption provisions in the Constitution, including the foreign emoluments clause and another part banning presidents from supplementing their salaries with other payments from the U.S. government or state governments.
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Judges on the US Court of Appeals for the District of Columbia Circuit questioned whether individual members of Congress have the legal right, or standing, to sue the President, regarding the Constitution's emoluments clause.
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Even were there evidence that Mr. Trump was violating the emoluments clause, his defenders will argue, the court has no authority under the separation of powers doctrine to intervene; that power lies with Congress.
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The Washington hotel, which has already become a favored venue for foreign diplomats, and Trump's overseas assets are especially problematic because the Constitution's Emoluments Clause prohibits the president from receiving payments from foreign governments.
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Plaintiffs argue that the president is in violation of the Constitution's "emoluments" clause, which prohibits the president from accepting gifts from foreign governments, because he has failed to divest himself from his lucrative businesses.
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It said Trump's idea could mean foreign governments would have to conduct business with Trump companies to engage in diplomacy with the United States, which the lawmakers said would clearly violate the Emoluments Clause.
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The lawsuit stated that because Trump did not divest himself of his business empire, spending by foreign governments at the Trump International Hotel in Washington amounts to unconstitutional gifts, or "emoluments," to the president.
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During Congress's 6-week recess, the committee expanded its probe to include Trump's potential violations of the emoluments clause and hush money payments used to cover up alleged affairs during the 2016 presidential campaign.
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Messitte ruled in March that the two attorneys general had legal standing to pursue the case, and in July rejected what he called Trump's "cramped" view that emoluments were limited essentially to outright bribes.
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But a Manhattan federal judge last year dismissed an emoluments lawsuit against Trump filed by plaintiffs including the watchdog group Citizens for Responsibility and Ethics in Washington, saying they lacked legal standing to sue.
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If a court were to take such a bold step and find that the actual reason was personal finances, this would overlap with a separate ongoing challenge to Trump's presidency under the Emoluments Clause.
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This was considered such an obvious danger that it was not delineated in law at the time other than the emoluments clause, which could apply, as cases currently winding their way through the courts contend.
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Dillon said Trump would take other actions to avoid the appearance of a conflict over the Emoluments Clause of the Constitution, which prohibits the president from accepting gifts from foreign governments unless authorized by Congress.
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The Emoluments Clause in the Constitution prohibits any "Person holding any Office of Profit or Trust under [the United States]" from accepting gifts or money from foreign entities to prevent a possible situation of bribery.
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The Justice Department — which is defending Trump in the emoluments-focused cases — has asked the full bench of that appeals court to take up the issue, but the court has not ruled on that request.
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It's uncommon for a rehearing such as this in any appeals courts, though the emoluments issue is a highly unusual case, in that the legal issues involved have almost never been interpreted by the courts.
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Stephanie Litos, a senior lawyer in the DC Office of the Attorney General, said the founding fathers would have been clearer if they wanted the emoluments clauses to only apply to certain types of benefits.
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The Emoluments Clause of the Constitution states that people holding office should not "accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State" without congressional approval.
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A half-dozen Democrats file articles of impeachment against President Donald Trump, citing obstruction of justice, emoluments clause violations, undermining the independence of the federal judiciary, and undermining the freedom of the press, on Nov.
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Three, however, said if Trump financially benefited from a business whose owner drew millions of dollars in fees from U.S. states - in this case CIM - this presented a serious argument for a domestic emoluments violation.
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The "Emoluments Clause," which effectively bars federal officials from doing business with or taking gifts from foreign governments without congressional approval, has come to the forefront due to Trump's sprawling business interests around the globe.
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His questions about the Emoluments Clause come in light of a lawsuit filed by ethics lawyers accusing Trump of allowing his businesses to accept payments from foreign governments, which is prohibited under that constitutional provision.
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From the moment he takes the Oath of Office, President-elect Trump will likely be in violation of numerous federal conflict of interest laws, as well as of the emoluments clause of the U.S. Constitution.
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" DOJ lawyers argue that the Foreign Emoluments clause is not meant to "reach benefits arising from a President's private business pursuits having nothing to do with his officer or personal service to a foreign policy.
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One petition calls for Trump to disclose his full tax returns, with information that can verify that Trump is complying with the Constitution's "emoluments clause," which bars government officials from accepting gifts from foreign leaders.
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Congressional Democrats sought the financial documents in April to determine if the president may have broken the law, failed to disclose conflicts of interest or violated the Emoluments Clauses—anti-corruption rules in the constitution.
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President Donald Trump on Monday misleadingly suggested that the emoluments clause is "phony" as he continues to face criticism over his ultimately canceled move to hold the next G7 summit at one of his properties.
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The group of more than 200 Democratic lawmakers first filed the lawsuit more than two years ago, alleging that Trump was violating the Emoluments Clause by continuing to profit from foreign governments while in office.
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They accused Trump and his attorneys of stalling "virtually any credible oversight" related to potential emoluments clause violations and said a subpoena was necessary because the Trump Organization failed to provide documents they previously requested.
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The Emoluments Clause "surely" applied to the president, and the prize, which included a check for about $1.4 million, was the sort of thing that would be barred if it came from a foreign state.
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She also plans to continue an ongoing probe into whether Trump's continued interest in his New York businesses violates the Constitution's ban on so-called "emoluments," which bars presidents from taking money from foreign governments.
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Invoking the obscure "emoluments" clause of the Constitution, the suit argues that the president is unfairly profiting from the five-star hotel because foreign dignitaries and others seeking favor with the administration are staying there.
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Dash tells TechCrunch that the petition, entitled "Immediately release Donald Trump's full tax returns, with all information needed to verify emoluments cause compliance," was getting approximately 800 signatures per minute until it approached 30,213 signatures.
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Should he encourage the diplomats to stay there at a rate different than the market rate, he would be accepting cash from a foreign power and would therefore be in violation of the emoluments clause.
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But yeah, sure, no doubt about it, when they asked about the Emoluments Clause and possible violations of it and the U.S. attorney's relationship to that, I think that had perhaps something to do with.
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" Similarly, we should not be surprised that a man who avoids compliance with the Constitution's emoluments clause would also avoid his responsibility as "commander in chief of the Army and Navy of the United States.
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Elijah Cummings's leadership, would address how Trump "is profiting off the presidency," indicating that that committee would investigate Trump's possible violation of the Emoluments Clause, which prohibits the president from receiving payments from foreign governments.
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If the Trumps manage a Kushner property that received foreign or domestic government funding, it could test the Constitution's emoluments clauses, which essentially prohibit the president from accepting certain gifts from foreign or domestic governments.
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As a part of the inquiry, the committee will also investigate accusations of corruption, including possible violations of campaign finance law, the Constitution's ban on foreign emoluments and the use of office for personal gain.
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But because Mr. Trump maintains an ownership stake in the Trump Organization, with vast hotel, residential and commercial real estate holdings that foreign governments can direct business to, emoluments are once again a flash point.
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That disclosure has raised new questions about whether the president could run afoul of a provision in the Constitution known as the Emoluments Clause, which prohibits federal government officials from accepting gifts from foreign governments.
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President Donald Trump on Monday claimed he's receiving unfair scrutiny because of the "phony emoluments clause," as he defended his prior decision to host next year's G-7 summit at his Doral resort in Miami.
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The US Court of Appeals for the District of Columbia Circuit will hear a lawsuit Monday that was first filed in June 2017 by congressional Democrats alleging that Trump has violated the Constitution's emoluments clause.
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On Tuesday, Citizens for Responsibility and Ethics in Washington, a government watchdog group, expanded a lawsuit charging that the hotel violates the Constitution's emoluments clause, which prohibits the president from taking payments from foreign nations.
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"We are confident that at the end of discovery we will be able to prove our case that President Trump is violating the constitution's emoluments clauses, America's first anti-corruption laws," Frosh told the Times.
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Some on Judiciary want to include articles that address Trump's self-enriching business deals, which they say violate the Emoluments Clause, as well as include an obstruction of justice charge based on the Mueller investigation.
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" The House had planned to vote on a resolution to condemn Trump for holding the G-7 at the Doral resort and "rejecting his practice of accepting foreign government emoluments without obtaining Congress' affirmative consent.
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Violations of the emoluments clauses are difficult to prove because there is little precedent, the definitions are poorly understood, and it is not easy to prove that anybody has been wronged by any alleged violations.
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Such payments might violate the Emoluments Clause of the Constitution, which prohibits former military officers like Mr. Flynn — a retired three-star Army general — from receiving money from a foreign government without consent from Congress.
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The Maryland/DC argument for standing is, essentially, that their governments and their constituents who compete with Trump are both hurt by the allegedly unconstitutional emoluments Trump's business is getting, in a variety of ways.
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It has been a popular spot for foreign embassies to host events and visiting dignitaries, raising ethical concerns under the Constitution's emoluments clause, which prohibits the president from accepting anything of value from foreign governments.
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Dianne Feinstein (D-CA) about ongoing litigation arguing that President Trump's various business interests represent a violation of the Constitution's emoluments clause, attorney general nominee William Barr professed to have no idea what she's talking about.
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They're also going after him for the release of the White House visitor logs (with the aid of the National Security Archive), and for allegedly violating the Constitution's emoluments clause by receiving payments from foreign governments.
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The lawsuit is one of two brought against Trump accusing him of violating the so-called emoluments clause of the Constitution, which bans U.S. officials from accepting gifts or payments from foreign governments without congressional consent.
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From faithless electors, the emoluments clause, Russian collusion, the 25th Amendment and obstruction of justice to the Ukraine impeachment scam, the left has deployed one cockamamie scheme after another to dislodge Mr. Trump from the presidency.
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But Trump and his lawyer, Sheri Dillon, made a big to-do at the press conference Wednesday that everyone has expanded the definition of "emoluments" from what the Framers intended and thus doesn't apply to Trump.
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A federal judge ruled Friday that over 200 Democratic representatives and senators can sue President Trump over claims he violated the emoluments clause of the Constitution regarding his businesses with foreign governments, per the Washington Post.
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While we do not doubt that Democrats in Washington still hold an idealistic view of our governmental and judicial processes, the decision on the emoluments case demonstrates the perils of such a strategy, especially right now.
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And on Thursday, Democratic members of Congress wasted no time blasting Mulvaney's announcement as, among other things, a violation of the emoluments clause and a mechanism for Trump to funnel taxpayer dollars into his own pockets.
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His claim about the president's exemption from conflict of interest law largely checks out, but there are still some questions about Trump and the spirit of the Emoluments Clause, which aims to protect against foreign gifts.
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However, attorneys for the House Oversight Committee said the financial disclosures will serve to improve existing ethics and disclosure laws and give new insight into whether Trump is compliant with the Emoluments Clause of the Constitution.
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Democrats on Capitol Hill and ethics watchdogs have argued that Trump's continued ownership of his businesses could lead to a violation of the Constitution's Emoluments Clause, which bars foreign payments to U.S. officials without congressional approval.
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Three separate lawsuits have been brought against the Trump administration claiming that the president is in violation of the Emoluments Clause, which prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
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The state of Maryland and the District of Columbia claim in a lawsuit that Trump is violating the Constitution's Emoluments Clause, which prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval.
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"The President's personal financial interests are clearly shaping decisions about official U.S. government activities, and this is precisely the type of risk that the Constitution's Emoluments Clauses were intended to prevent," Nadler said in a statement.
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"The entire Democratic Caucus, including the Speaker, is opposed to the lawlessness of the president in taking foreign-government emoluments and not coming to Congress for our approval," said Raskin, a member of Pelosi's leadership team.
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A federal judge this week rejected the president's request to dismiss a lawsuit brought by Democrats alleging that he has violated the Emoluments Clause, finding the suit to be constitutional and allowing it to go forward.
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He also sided with the Oversight and Reform panel's argument that the requested financial records will help the committee as it considers strengthening ethics and disclosure laws and monitors Trump's compliance with the Constitution's Emoluments Clause.
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It takes aim at Trump's ongoing dealings with his titular real estate empire, which now regularly hosts and takes payments from foreign governments — an arrangement the attorneys contend is a violation of the Constitution's Emoluments Clause.
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The lawsuit, filed by the District of Columbia and the State of Maryland, seeks for the first time to define the meaning of constitutional language that restricts the president from accepting financial benefits, so-called emoluments.
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The case is one of several filed last year by the president's critics accusing Mr. Trump of violating the Constitution's emoluments clauses, which prevent a president from accepting government-bestowed benefits either at home or abroad.
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This week the president faced pushback over suggesting the U.S. could host world leaders at his Florida golf resort for next year's Group of Seven summit — a move that critics argue violates the Constitution's Emoluments Clause.
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A lawsuit filed by Citizens for Responsibility and Ethics in Washington, a bipartisan ethics watchdog group, alleges that these payments violate the Constitution's emoluments clause, which prohibits the president from accepting unspecified "gifts" from foreign governments.
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Unlike the previous two lawsuits, the lawsuit by members of Congress does not accuse Mr. Trump of violating the so-called domestic emoluments clause that bans him from accepting benefits from states or the federal government.
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And Trump's legal tangle became even more complicated when a federal judge gave the go-ahead to a lawsuit alleging that payments to his Washington hotel by foreign governments infringed the emoluments clause of the Constitution.
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The courts need to grapple with that question partly because the judiciary has barely examined emoluments issues over the past 230 years, leaving plenty of open questions about what the provision means and what it covers.
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In 2017, Steyer launched the Need to Impeach campaign, an effort to remove the president for obstructing justice, violating the Constitution's Emoluments Clause, violating campaign finance laws, encouraging Russian hacking and election interference, and much more.
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"Potential violations of the Foreign and Domestic Emoluments Clauses of the Constitution are of grave concern to the Committee as it considers whether to recommend articles of impeachment," the two chairmen said in a joint statement.
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This month, a federal appeals court revived a lawsuit that Washington and Maryland brought against Trump, alleging he was violating the emoluments clause through the patronage of his luxury Trump International Hotel in the nation's capital.
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Austin Evers, former senior counsel in State Department who is now executive director of American Oversight, a watchdog group working with Congress on oversight, said he would prefer the House to include emoluments in the articles.
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That sparked a firestorm of criticism, as Democrats and watchdog groups questioned whether Trump would be violating the Emoluments Clause in the Constitution by profiting from the foreign leaders' stay at one of his own businesses.
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By failing to sufficiently distance himself from his companies, CREW has charged, Mr. Trump has violated clauses of the Constitution that ban the acceptance of any government-bestowed benefits, or "emoluments," either at home or abroad.
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Trump has likely violated the Emoluments Clause of the Constitution, which prohibits taking fees or gaining profits from foreign governments, by his hotels taking money from those governments and his hotel project in the Dominican Republic.
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Because he has yet to fully untangle himself from his many personal holdings, he is already being sued for violation of the emoluments clause, which prohibits federal officials from receiving money or gifts from foreign governments.
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The President's foes have sought his financial records citing a variety of investigations into hush money payments, foreign involvement in a US election, violations of the emoluments clauses and inquiries into potential violations of ethics rules.
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The questions deal with, among other topics: potential obstruction of justice, hush money payments to two women alleging affairs with Trump, potential collusion with Russia during the 473 campaign and violations of the Constitution's emoluments clause.
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Mr. Trump has also been accused of cheating on his taxes, violating the Constitution's emoluments clause barring a president from taking money from foreign states, exaggerating his true wealth to obtain bank financing and other offenses.
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The first is the foreign emoluments clause, which prohibits officers of the federal government from accepting "any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State" without Congress's consent.
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ISSUES PRODUCING WINS FOR ADMINISTRATION - 11 Border wall Voter fraud commission Deregulation order Obamacare birth control subsidy Emoluments Sanctuary cities funding Contraception rule Travel ban Withdrawal of Deferred Action for Childhood Arrivals (DACA) Consumer Finance Protection Bureau (CFPB) leadership Natural gas waste rule Emoluments Sanctuary cities funding Contraception rule Travel ban DACA withdrawal Immigrant detention/deportation Transgender military ban Immigrant teenagers/abortion Natural gas waste rule Smog Mineral royalties ISSUES PRODUCING WINS FOR BOTH SIDES - 6 Emoluments Sanctuary cities funding Contraception rule Travel ban DACA withdrawal Natural gas waste rule POLICIES BLOCKED BY COURTS DESPITE OTHER RULINGS FAVORING ADMINISTRATION - 4 Sanctuary cities funding Contraception rule DACA withdrawal Travel ban (injunctions against ban were later lifted by the U.S. Supreme Court allowing policy to go into effect) Reporting by Andrew Chung; Editing by Kevin Drawbaugh and Sue Horton
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There has already been discussion about how the Emoluments Clause in the Constitution could become a significant problem for Trump if his business is compensated for labor or services from companies that are controlled by foreign governments.
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Both the watchdog group Citizens Responsible for Ethics in Washington (CREW) and House Democrats are trying to get Trump's tax returns to see if Trump violates the emoluments clause by owning so many international hotels and resorts.
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Democrats seek Trump finances through multiple channels The emoluments lawsuit has plodded along in the federal court since 2017, but the judge's decision on subpoenas gives Democrats a potential new avenue to obtain the President's financial records.
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In this case, the Justice Department has argued in court that the Constitution's emoluments provision doesn't apply to Trump's business situation, and that any evidence collection for the legal challenge would be too distracting for the President.
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Violations of the emoluments clauses are a difficult case to prove because there is little precedent, the definitions are poorly understood, and it is not easy to prove that anybody has been wronged by any alleged violations.
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The first projection that made big waves was in 2017, when he and others projected "Emoluments welcome" on Trump's luxury downtown hotel, a reference to a debate over whether the president was benefiting financially from his position.
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Judge A. Marvin Quattlebaum Jr. asked if a public official who had a bank account insured by the US government would violate the emoluments clauses, since they were receiving a benefit in the form of protected assets.
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