Civic Register
| 12.28.17

Judge Dismisses Suit Accusing Trump of Violating Emoluments Clause

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What’s the story?

A federal judge dismissed a lawsuit accusing President Donald Trump of violating the Constitutional prohibition on payments – or emoluments – from foreign or domestic entities.

Why does it matter?

CREW v. Trump was brought by Citizens for Responsibility and Ethics in Washington, a non-profit and non-partisan government corruption watchdog.

CREW argued that the President’s "vast, complicated and secret" business interests – like Trump International Hotel in Washington D.C. – violate the Domestic and Foreign Emoluments Clauses of the Constitution. In the complaint, the plaintiffs claim that the president’s failure to divest himself of his businesses had harmed companies, and workers, who compete against Trump hotels and restaurants in D.C. and New York.

But Judge George Daniels of U.S. District Court in Manhattan said the plaintiffs had failed to prove injury.

"It is only natural that interest in his properties has generally increased since he became president," Daniels said.

As to whether President Trump was in breach of the Emoluments Clause, the judge said that was a case for Congress.

"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," Daniels wrote.

"In short, unless and until Congress speaks on this issue, plaintiffs’ foreign Emoluments Clause claims are not ripe for adjudication."

What do you think?

Is President Trump violating the foreign Emoluments Clause? Should Congress speak on the issue? What should they say? Hit Take Action and tell them. Then share your thoughts below.

—Josh Herman

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(Photo Credit: KathyKafka / iStockphoto)