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Federal appeals court dismisses Trump emoluments case

Federal appeals court dismisses Trump emoluments case”

The lawsuit, brought by the attorneys general of Maryland and Washington, D.C., claimed that earnings from the hotel and its related businesses violated prohibitions against receiving benefits from foreign governments, the USA, or individual states.

A panel of three judges on the second United States circuit court of appeals in NY upheld the decision of a lower circuit judge who said that Trump's blocking policy violated the first amendment of the constitution.

The president claimed victory via Twitter, just moments following the court's unanimous ruling.

Trump tweeted on Wednesday morning about the court's decision, writing: "Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt". Justice Department attorneys representing President Trump asked the D.C. Circuit Court of Appeals to intervene and halt the "extraordinary case", as they called it. In response to the claims of him illegally profiting from government visitors, he went on to say he actually loses money "for the honor of serving" as our president.

The panel of three judges decided that D.C. and Maryland "lack standing" to continue with their case.

The appeals panel ordered a federal district court to dismiss the suit against President Trump with prejudice, which would bar them from relaunching any more legal action on the matter.

"Even if government officials were patronizing the Hotel to curry the President's favor, there is no reason to conclude that they would cease doing so were the President enjoined from receiving income from the Hotel".

The little-known provision of the Constitution prohibits public officials from accepting gifts or payments from states or foreign governments without congressional approval.

The luxury hotel is located mere blocks from the White House.

The attorneys general from Maryland and District of Columbia issued a statement regarding the court's decision this afternoon.

The opinion adds: "There is a distinct possibility - which was completely ignored by the District and Maryland. that certain government officials might avoid patronising the hotel because of the president's association with it".

The appeals court noted that writs of mandamus "are rarely given", but then accused the lower court judge of issuing a ruling that was "not 'guided by sound legal principles, ' but by 'whim'".

There is still one more Democratic lawsuit in a federal court accusing Trump of violating the emoluments clause.

"We are pleased that the Fourth Circuit unanimously chose to dismiss this extraordinarily flawed case", Justice Department spokesperson Kelly Laco said in a statement.

All three judges on the panel who heard the case at oral arguments in March were Republican appointees, and expressed skepticism of the case during the hearing.

The decision originated from a complicated series of legal maneuvers by which the plaintiffs tried to keep the case out of the appellate court's jurisdiction, a strategy that proved unsuccessful after Trump's lawyers managed to get the Fourth Circuit to intervene about a claim unrelated to Wednesday's decision: whether or not the president, in his personal capacity, is absolutely immune from such lawsuits.

"We have not and will not abandon our efforts to hold President Trump accountable for violating the Nation's original anti-corruption laws", the statement continued.

"Today's pair of decisions by the 4th Circuit Court of Appeals is a complete victory", he said in the statement. All Americans suffer when our chief executive is vulnerable to corrupt foreign influence.



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