On Tuesday afternoon, the Department of Justice moved to challenge a ruling by a federal court last month that Democrats could move forward with a lawsuit filed against Donald Trump for violating the Constitution. The lawsuit claims that Trump has repeatedly ignored the emoluments clause and is profiting off of his businesses while he’s in office.
According to the New York Times:
‘In a filing, the department asked Judge Emmet G. Sullivan of the United States District Court for the District of Columbia to allow them to appeal his ruling and to halt the proceedings in the meantime.
‘The department said the case should not advance any further without a review by the United States Court of Appeals for the District of Columbia Circuit because it involved legal questions of “extraordinary significance” and a complaint with no historical precedent.
‘“Plaintiffs are now poised to seek civil discovery against the president, including into his personal finances and official actions, which will distract the president from his official duties,” the agency’s lawyers said in a 21-page brief.’
The lawyers responsible for the brief also argued that Sullivan’s ruling “broadly interpreted the Foreign Emoluments Clause in a manner that calls into doubt the constitutionality of conduct of public officials — from President George Washington to President Barack Obama — that has been accepted throughout history.”
The Democrats’ lawsuit states that Trump has violated the Emoluments Clause by profiting from foreign governments without congressional approval. They plan to prove their case by showing how Trump has directly profited from his global businesses based on their continuing operations while he’s in office.
If the judge grants the DOJ motion, the appeal will likely be taken up by the DC Circuit Court, with the Department of Justice under AG William Barr, defending Trump in the case.
Trump also faces similar lawsuits in Maryland and DC.
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