Did Trump Violate The Constitution? Maryland, DC To Sue President Over Anti-Corruption Clause
President Donald Trump will face yet another lawsuit — this time brought by the attorneys general of Maryland and Washington, D.C., according to reports Sunday. The suit, expected to be announced Monday, would allege the president breached the Constitution’s anti-corruption clause, also known as foreign emoluments clause, by taking payments and benefits since assuming office.
While Trump has been sued several times since becoming president, this would be the first lawsuit brought by government entities over his business interests since he moved into the White House.
Read: Ethics Office Says It Can't Look Into Trump's Possible Violation Of Domestic Emoluments Clause
Attorneys General Brian Frosh of Maryland and Karl Racine of Washington, D.C, will allege the president did not separate himself from his Trump Organization assets, despite making his sons Eric Trump and Donald Trump Jr. in charge.
“This case is, at its core, about the right of Marylanders, residents of the District of Columbia and all Americans to have honest government,” Frosh, a Democrat, told the Washington Post, which was the first to report about the lawsuit. “The emoluments clauses command that... the president put the country first and not his own personal interest first.”
Racine, also a Democrat, told the newspaper the Republican-controlled Congress did not take the matter seriously.
“We’re getting in here to be the check and balance that it appears Congress is unwilling to be,” he told the Post. “We’re bringing suit because the president has not taken adequate steps to separate himself from his business interests.”
The duo told the newspaper that if a federal judge gives a go ahead to the case, they would demand copies of Trump’s personal tax returns to understand the extent of his foreign business dealings. The case would likely end up before the Supreme Court and the president’s lawyers could explain why his returns should not be made public, Frosh and Racine told the Post.
The foreign emoluments clause in Article 1, Section 9, Clause 8 of the Constitution states: “[No] person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince or foreign state.”
Prior to becoming the president, Trump handled businesses that own hotels in New York City, Las Vegas, Chicago and Miami. Further, the Trump Organization also owns over a dozen golf clubs across the world, including properties in Florida, California, Pennsylvania, Virginia and New Jersey.
In January, Trump vowed to track and donate all profits made by Trump Organization from foreign governments to the U.S. Treasury. However, NBC News and MSNBC reported in May the Organization failed to track all payments it received from foreign governments.
Read: Trump's Approval Rating Close To All-Time Low As Impeachment Betting Odds Soar
According to a pamphlet that described the organization’s policy, it is foreign governments and not Trump's businesses that are required to self-report their business dealings.
"To attempt to individually track and distinctly attribute certain business-related costs as specifically identifiable to a particular customer group is not practical," the pamphlet stated, according to the reports.
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