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Trump Tries To Block Discovery In Emoluments Case
Link to tweet
In a late Nov. 30 filing in the case, DOJ attorneys told a federal court in Maryland that discovery in the case should not proceed until appeals in the case can be heard.
U.S. District Judge Peter Messitte had previously declined Trump’s request to dismiss the case and had declined to allow Trump to appeal that decision immediately. The Justice Department indicated in the filing that the solicitor general is planning to appeal both decisions to the 4th Circuit U.S. Court of Appeals, and to seek a stay of proceedings in the lower court. --snip--
The state attorneys general for Maryland and the District of Columbia sued Trump in June for allegedly violating the Constitution’s emoluments clause, arguing that by allowing his Pennsylvania Avenue hotel to receive visits from foreign officials and by having federal officials maintain financial relationships with foreign states, Trump violates the compact between the states and the federal government. --snip--
The state attorneys general cited a separate case over the government’s decision to add a citizenship question to the 2020 census in an attempt to head off Trump’s appeal and have the judge allow discovery to begin before the appeal court can weigh in. In that case, discovery continued in spite of a pending appeal before the Supreme Court.
“If the Supreme Court’s grant of certiorari is not a sufficient basis on which to stay active litigation, then surely Defendant’s suggestion that he might file a mandamus petition is no reason to stay discovery, particularly when discovery will be primarily focused on third parties,” the state attorneys general wrote.
U.S. District Judge Peter Messitte had previously declined Trump’s request to dismiss the case and had declined to allow Trump to appeal that decision immediately. The Justice Department indicated in the filing that the solicitor general is planning to appeal both decisions to the 4th Circuit U.S. Court of Appeals, and to seek a stay of proceedings in the lower court. --snip--
The state attorneys general for Maryland and the District of Columbia sued Trump in June for allegedly violating the Constitution’s emoluments clause, arguing that by allowing his Pennsylvania Avenue hotel to receive visits from foreign officials and by having federal officials maintain financial relationships with foreign states, Trump violates the compact between the states and the federal government. --snip--
The state attorneys general cited a separate case over the government’s decision to add a citizenship question to the 2020 census in an attempt to head off Trump’s appeal and have the judge allow discovery to begin before the appeal court can weigh in. In that case, discovery continued in spite of a pending appeal before the Supreme Court.
“If the Supreme Court’s grant of certiorari is not a sufficient basis on which to stay active litigation, then surely Defendant’s suggestion that he might file a mandamus petition is no reason to stay discovery, particularly when discovery will be primarily focused on third parties,” the state attorneys general wrote.
