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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIt's official. Trump has been sued (lawsuit will seek Trump's tax returns in discovery)
Last edited Mon Jan 23, 2017, 08:39 PM - Edit history (1)
Fmr. WH ethics czar Norm Eisen confirms to MSNBC his Emoluments lawsuit will seek Trump's tax returns in discovery.Link to tweet
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Link to tweet
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Here's the lawsuit:
http://guptawessler.com/wp-content/uploads/2012/05/1-Complaint.pdf
democrank
(11,112 posts)Vogon_Glory
(9,132 posts)What?
No?
Gee, what a surprise!
jmg257
(11,996 posts)Per the complaint, it seems CREW is 'just' looking for a declaration of wrong-doing and a remedy to the behavior based on their stature {"CREW is a nonprofit, nonpartisan corporation organized under the laws of Delaware"}
https://www.buzzfeed.com/chrisgeidner/top-legal-ethics-scholars-to-file-first-major-lawsuit-agains?utm_term=.rwYaX8B8Vn#.mrZz3ded7j
the Foreign Emoluments Clause, CREW has been significantly injured. CREW has been forced
to divert essential and limited resourcesincluding time and moneyfrom other important
matters that it ordinarily would have been handling to the Foreign Emoluments Clause issues
involving Defendant, which have consumed the attention of the public and the media.
Moreover, without declaratory and injunctive relief from this Court, CREW will continue to
suffer this diversion and depletion of resources for the remainder of Defendants administration.
CREW will essentially be forced into the role of litigating and educating the public regarding
Defendants Foreign Emoluments Clause violations, rather than continuing its mission of serving
as a watchdog with respect to all ethical issues involving all parts of our government.
Accordingly, CREW requests that this Court:
(a) enter a declaratory judgment resolving the actual controversy between the parties over the meaning of the Foreign Emoluments Clause and stating that Defendants conduct violates the Foreign Emoluments
Clause; and
(b) enjoin Defendant from violating the Foreign Emoluments Clause.
"Injunctive relief, also known as an injunction, is a legal remedy that may be sought in a civil lawsuit, in addition to, or in place of, monetary damages. Rather than offering money as payment for a wrong in a civil action, injunctive relief is a court order for the defendant to stop a specified act or behavior"
"enjoin - prohibit someone from performing (a particular action) by issuing an injunction."
Wonder how long/far up this one will go before it is resolved?
dpibel
(2,875 posts)In order to bring a lawsuit, you have to show direct harm to yourself as a result of the complained-of conduct.
It's the easiest way for courts to dispose of complaints against government officials: No standing.
So CREW is trying to establish why it has a right to be in court in the first place.
jmg257
(11,996 posts)Anything to bring down that pile of shit.
Jacob Boehme
(789 posts)Delay, Delay, Delay,
Deny, Misdirect, Deny some more
Lie, Lie, Lie....
Delay, Delay, Delay.....
Then probably start a war so it gets put on the back burner.
Jim Lane
(11,175 posts)Admittedly, I haven't read the complaint. If there's some real gem in there, I hope someone more diligent than I will enlighten me.
The problem I see for CREW is that there's no possible Emoluments Clause violation before January 20, 2017. Throughout 2016 and all prior years, Trump was a private citizen and entitled to accept all the foreign bribes he could get his little hands on.
The case relates only to the period after his inauguration. That would justify, at most, disclosure of information from calendar year 2017. His returns for the period covering his Presidency obviously haven't even been filed yet. (Maybe the hotel is owned by a corporation that doesn't use the calendar year as its tax year, but it's hard to believe that it uses January 22 or the like as the closing date.)
Even for the relevant time period, courts are reluctant to order disclosure of tax returns. An obvious alternative would be disclosure of financial records of any of his businesses that might have received improper payments.
Finally, when tax returns or other sensitive papers are deemed relevant, they're often ordered disclosed under a protective order. That would mean that the lawyers for the other party can see them but can't disclose them to anyone else. Any briefs or other papers that reference the protected information must be filed under seal, so that members of the public who go to the clerk's office and request the file can't view them.