Judges ponder lawmaker right to sue over Trump businesses – By Todd Ruger (Roll Call) / Dec 9 2019
Legal challenge rests on the constitution’s Foreign Emoluments Clause
A federal appeals court suggested Monday that individual members of Congress can’t pursue a lawsuit against President Donald Trump over allegations he violated a constitutional ban on financially benefiting from the office.
An attorney for more than 200 lawmakers — led by Sen. Richard Blumenthal, D-Conn., and House Judiciary Chairman Jerrold Nadler, D-N.Y. — told a three-judge panel that Trump is supposed to get consent from Congress before accepting payments or gifts from foreign governments under the Foreign Emoluments Clause.
The lawmakers want to delve into Trump’s vast business interests to stop him from accepting money from foreign governments on events at Trump’s hotels, as well as rents or fees at Trump’s commercial and residential towers.
Democrats already had issued 37 subpoenas as part of discovery in the case because a lower court allowed the members of Congress to move forward. But the U.S. Court of Appeals for the District of Columbia Circuit put that on hold and is now reviewing the Justice Department’s appeal.
Attorney Elizabeth Wydra told the appeals court panel that the lawsuit is necessary because Trump isn’t asking for that consent, which nullifies the members of Congress’ ability to vote on it now and in the future.
Continue to article: http://www.rollcall.com/news/congress/judges-ponder-lawmaker-right-to-sue-over-trump-businesses
A lawsuit led by Sen. Richard Blumenthal, D-Conn., claims President Donald Trump is supposed to get consent from Congress before accepting payments or gifts from foreign governments under the Foreign Emoluments Clause. (Caroline Brehman/CQ Roll Call file photo)
