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NYT: Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim
https://www.nytimes.com/2017/01/22/us/politics/trump-foreign-payments-constitution-lawsuit.html?_r=0
Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim
By ERIC LIPTON and ADAM LIPTAK
JAN. 22, 2017
WASHINGTON — A team of prominent constitutional scholars, Supreme Court litigators and former White House ethics lawyers intends to file a lawsuit Monday morning alleging that President Trump is violating the Constitution by allowing his hotels and other business operations to accept payments from foreign governments.
The lawsuit is among a barrage of legal actions against the Trump administration that have been initiated or are being planned by major liberal advocacy organizations. Such suits are among the few outlets they have to challenge the administration now that Republicans are in control of the government.
In the new case, the lawyers argue that a provision in the Constitution known as the Emoluments Clause amounts to a ban on payments from foreign powers like the ones to Mr. Trump’s companies. They cite fears by the framers of the Constitution that United States officials could be corrupted by gifts or payments.
snip//
Regardless of the lawsuit’s fate, it is just the first hint of the legal assault that the Trump administration will face.
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. It hopes to find a hotel or bed-and-breakfast that might compete against a Trump hotel as a party that might have standing to sue.
The A.C.L.U. filed an extensive Freedom of Information Act request on Thursday asking the Justice Department, the General Services Administration and the Office of Government Ethics for all legal opinions and memos they have prepared addressing potential financial or ethical conflicts that Mr. Trump might face. It could perhaps use those documents in litigation against the Trump administration.
CREW separately filed a complaint with the General Services Administration on Friday over a provision that appears to prohibit the leasing of the Old Post Office building on Pennsylvania Avenue in Washington to an elected federal official. The building is the site of Mr. Trump’s hotel.
Perhaps more important, the legal groups said they may challenge executive actions Mr. Trump is expected to take on topics like international trade deals, illegal immigration and climate change.
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Perhaps we can subpoena those tax returns now.
If the court rules that the plaintiffs have standing to sue and allows the suit to go forward, it's certain they will sue for discovery, to include his tax returns.
The Trumpster is about to learn that his dream of being President is about to turn into a nightmare.
