The Court Challenge Begins: Is Trump Taking Unconstitutional Emoluments?
First emoluments lawsuit against Trump, which sites Trump Hotel DC, has its first hearing today
The Court Challenge Begins: Is Trump Taking Unconstitutional Emoluments?
October 17, 20175:01 PM ET
Heard on All Things Considered
PETER OVERBY
https://twitter.com/peteroverby
On Wednesday morning, a federal judge in Manhattan will hear preliminary arguments in a case that claims President Trump is violating the Constitution's ban on accepting foreign payments, or emoluments.
Here is what is at stake: The Founding Fathers wrote
a clause into the Constitution saying U.S. officials cannot accept "any present, Emolument, Office, or Title" from foreign governments without the consent of Congress. Trump's critics say that by refusing to sell off his global businesses, the president is failing to uphold the Constitution.
But before that issue can be debated, the court first has to decide whether the plaintiffs even have standing to bring their Emoluments Clause case. And that first step is what is happening in the U.S. District Court for the Southern District of New York.
"This is a pretty big deal," said Noah Bookbinder, executive director of the watchdog group CREW Citizens for Responsibility and Ethics in Washington. ... CREW filed the suit just three days after Trump took the oath of office in January. It has taken until now to get to these opening arguments on the issue of legal standing to bring suit.