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TomCADem

(17,390 posts)
Thu Jun 8, 2017, 02:42 AM Jun 2017

Dems plan to sue Trump over conflicts of interest: report

Source: MSN/The Hill

Dozens of Democrats in the House and Senate are planning to file a lawsuit against President Trump charging that his vast business empire has created conflicts of interest that violate the emoluments clause of the Constitution, Politico reported Wednesday.

"We'll be suing to stop his violations of the emoluments clause," Rep. Jerry Nadler (D-N.Y.) told the outlet.

Democrats won't file their lawsuit until next week at the earliest, Politico said, but dozens of members from both the House and Senate have already agreed to sign on.

Nadler, a member of the House Judiciary Committee, said 78 House Democrats and 25 Senate Democrats have already signed-on to the suit.

Read more: http://www.msn.com/en-us/news/politics/dems-plan-to-sue-trump-over-conflicts-of-interest-report/ar-BBCfIMW?li=BBnb7Kz

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Stonepounder

(4,033 posts)
1. That has one huge hurdle to overcome.
Thu Jun 8, 2017, 03:44 AM
Jun 2017

How do they prove standing? IANAL, but as I understand it, to be a party in a lawsuit such as this you have to prove that you, personally, have suffered direct injury from the asserted action. How do they convince a judge of that?

And what power does the judiciary have over the executive? If the suit is allowed to go forward and the court finds for the plaintiff, what remedy can the court assert? And what happens if 45 tells the court to take their decision and stuff it?

Seems to me thzt impeachment is still the only realistic remedy.

BumRushDaShow

(129,115 posts)
3. Perhaps this (from the Constitution) -
Thu Jun 8, 2017, 06:49 AM
Jun 2017

"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."

I think the key in this instance is the "without the consent of Congress" part, where you have Democratic members ***of Congress*** filing suit, which should theoretically give them "standing" due to explicit mention in the Constitution of their role in that clause. Their "harm" being the inability to carry out their Constitutionally-mandated oversight function when Drumpf refuses to turn over (or show proof of doing so) any "profit" or other gains/gifts from foreign countries, back to the federal government, when congressional "exceptions" have not been granted.

As an example, Presidents (and their families) often receive gifts from heads of state when visiting foreign countries and most are NOT personally kept (unless given explicit exemption by Congress or they are given the option to personally purchase the items) and are turned over to the federal government for the National Archives. I.e., that stuff "belongs to the U.S. government/people".

cstanleytech

(26,298 posts)
5. Problem is though the consent of Congress probably will be taken by the court to mean
Thu Jun 8, 2017, 08:48 AM
Jun 2017

the majority in charge of Congress which is the Repugnants so if that approach is tried the lawyers will probably argue that Trump has consent because Congress has not sought to prevent it.
After all there is almost no way anyone could get 100% consent from every single member of Congress which is why the courts would look to a majority.

BumRushDaShow

(129,115 posts)
6. I don't think the courts would consider no action as a defacto waiver
Thu Jun 8, 2017, 09:07 AM
Jun 2017

if a challenge is brought. I think the law was pretty clear. I would expect that this could be a set up situation for a discharge petition in the House (if Democrats have some legislation in place to challenge him) to vote on regarding whether waivers or no waivers will occur in this instance... for the record.

I expect the lawsuit is an attempt to kickstart a process since he had "promised" to donate and so forth.... but we are still somewhat "early" in this administration's term.

cstanleytech

(26,298 posts)
7. Maybe, maybe not but you can bet that its what the Repugnants would argue and given the current
Thu Jun 8, 2017, 09:24 AM
Jun 2017

makeup of SCOTUS I wouldnt be surprised if they were to prevail.

BumRushDaShow

(129,115 posts)
8. I think
Thu Jun 8, 2017, 09:32 AM
Jun 2017

that the GOP may try to stall by coming up with some compromise to institute a timeframe (via legislation) for his stuff to be unwound (given how much he owns and how complex it is to do that).

That's why I think the Democrats are doing this - to kick-start something and force the issue back to the forefront. I think the SCOTUS is well aware of some potential bad precedents that might happen with this unusual President and the restrictions are clearly spelled out in the Constitution, which is definitely under their purview to review.

Sunlei

(22,651 posts)
2. 1 planned lawsuit? comeon Ds, sue the crap out of him and republicans. Use the damn Courts like them
Thu Jun 8, 2017, 03:52 AM
Jun 2017

one lawsuit is not enough! weak!

cstanleytech

(26,298 posts)
4. I honestly dont think the courts will agree to even hear the case and if they do I suspect they
Thu Jun 8, 2017, 08:43 AM
Jun 2017

would dismiss it since he owned the businesses before he because president and there isnt anything in the constitution that requires a new president to divest themselves of their assets before they were ever in elected office.

mpcamb

(2,871 posts)
11. 'Bout time. Everything about trump carries a stench. Attach it to him and his defenders.
Thu Jun 8, 2017, 10:10 AM
Jun 2017

What he's done for personal and family gain is apparent to everyone and would have brought shrieks of dissent if tried by anyone else.

Keep it in the public eye even if his army of tax lawyers can stall it for years...
because it explains just who and what he is.

Nitram

(22,822 posts)
12. Go for it. Open multiple fronts on the Orange Furball from Hell.
Thu Jun 8, 2017, 10:51 AM
Jun 2017

Hit him high, hit him low, till he doesn't know whether he's coming or going. Hint: he's going.

David__77

(23,423 posts)
13. Lawsuits will be an important component of struggle in the period ahead.
Thu Jun 8, 2017, 11:20 AM
Jun 2017

A basic point should be to encumber the attention and resources of the opposition.

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