World Media

USA appeals court dismisses Emoluments Clause lawsuit involving Trump

USA appeals court dismisses Emoluments Clause lawsuit involving Trump

"This latest effort at Presidential harassment has been dismissed with prejudice", he said.

The 4th Circuit Court of Appeals unanimously dropped the suit filed by Maryland and the District of Columbia, ruling that there was no legal standing for the plaintiffs to sue the president.

The ruling follows one made in May past year by the Court for the Southern District of NY that found the president's Twitter account, @realDonaldTrump, constituted a public forum.

They noted that Trump had used Twitter to announce his nomination of an Federal Bureau of Investigation director, to announce a ban on transgender individuals serving in the military, to announce the firing of his chief of staff, and about his decision to sell sophisticated military hardware to Japan and South Korea. Plaintiffs argued that Trump's personal account is an extension of his office.

President Donald Trump arrives to speak about kidney health at the Ronald Reagan Building and International Trade Center, Wednesday, July 10, 2019, in Washington.

Still, the appeals court in NY acknowledged, not every social media account operated by a public official is a government account, and First Amendment violations must be considered on a case-by-case basis.

Korea vows to respond to South’s purchase of F-35 jets
The first two arrived in March and two others are to be delivered in coming weeks, according to Seoul officials. South Korea is to buy 40 F-35 fighter jets from Lockheed Martin by 2021.

"I don't make money, but lose a fortune for the honour of serving and doing a great job as your President (including accepting Zero salary!)", he added. The emoluments clause - a little known section of the Constitution - bars public officials from receiving gifts or cash from foreign or state governments without congressional approval. The luxury hotel is located mere blocks from the White House. They claimed that they had suffered "harm to their sovereign and/or quasi-sovereign interests" and an interest in the enforcement of laws related to the president's properties. On Wednesday, the Fourth Circuit Court of Appeals ordered the dismissal of the lawsuit, stating they did not have the standing to sue the president.

The 2nd Circuit said it didn't matter that blocked individuals could still engage in dialogue through "workarounds", such as logging out to view Trump's tweets or searching for tweets by other users about the president to engage in conversations. In this case, when the judge declined to ask for circuit court review, Trump urged the Fourth Circuit to step in and order the lower court to certify the questions.

Despite the legal challenges his company faces, to this point Trump has been able to prevent the release of any private business information to the courts, leaving Democrats to wonder if Trump will be affected by any of the inquiries before he faces re-election next year.

Jay Sekulow, one of the president's attorneys, also issued a statement in response to the decision. The court noted that the case presumes customers stayed at the hotel only to reward Trump rather than for its other attractions.

After all, as the court wrote, "there is a distinct possibility" that "certain government officials might avoid patronizing the Hotel because of the President's association with it".

According to the judge, trump and his aides they described the tweets of the President as official statements and the national archives of the United States considers them to be official records. Another federal court is still considering a lawsuit brought by Democratic members of Congress.