Conflicts of Interest

According to President Trump, “The President can’t have a conflict of interest.” That is incorrect.

The SDNY Debacle And The Supreme Court

6/20/20  //  Quick Reactions

The Trump administration's apparent desire to force out the U.S. Attorney for SDNY could have implications for several major Supreme Court cases this term.

Leah Litman

Michigan Law School

Versus Trump: Uncle Charlie's Comity Hour

10/10/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the major recent decision dismissing the President's attempt to block his accounting firm from turning over his tax returns to the Manhattan DA. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

What Congress Can Do To Obtain President Trump’s Taxes

4/15/19  //  In-Depth Analysis

Here are the steps Congress can (and should) take to review the President's tax returns as expeditiously as possible

Brianne J. Gorod

Constitutional Accountability Center

H.R. 1: Forging a Path for Pro-Democracy Reform

12/24/18  //  In-Depth Analysis

Stephen Spaulding: The pent-up demand for pro-democracy legislation is palpable. Next year, the House can forge a path forward. And it will do so with H.R. 1.

Take Care

Stopping Conflicts of Interest in Federal Investigations: The Next Legislative Priority

12/21/18  //  In-Depth Analysis

Congress could take action to deter this type of pardon and accelerate the political backlash against pardons used to undermine investigations and the rule of law

Updates | The Week of February 19, 2018

2/25/18  //  Daily Update

Special Counsel Robert Mueller filed a new charge against Paul Manafort while Richard Gates pled guilty. Meanwhile, President Trump's proposal to arm teachers drew controversy in Washington.

Jacob Miller

Harvard Law School

Updates | The Week of February 5, 2018

2/11/18  //  Daily Update

The Nunes memo set off aftershocks; agencies scrambled to implement the Trump Administration's policies to mixed effect; and Congress passes a budget after a brief overnight shutdown.

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

A federal district judge in Maryland heard arguments in a case brought by several state attorneys general contending that President Trump's business interests violate the Emoluments Clause.

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

President Trump reportedly asked Andrew McCabe how he voted in the 2016 presidential election while McCabe was under consideration as James Comey's temporary replacement at the FBI.

Updates | The Week of January 15, 2018

1/21/18  //  Daily Update

The week began with Martin Luther King Jr. Day and ended with a government shutdown on the anniversary of President Trump's inauguration.

Jacob Miller

Harvard Law School

GSA, Trump International Hotel, and the Constitution

3/24/17  //  Quick Reactions

Yesterday, the General Services Agency surprised experts by declaring that the Trump Hotel in D.C. is not in violation of its lease. But the GSA's decision itself might well violate the Domestic Emoluments Clause.

Brianne J. Gorod

Constitutional Accountability Center

Conflict of Interest Isn’t a Game

7/28/17  //  Commentary

When Trump makes claims about conflicts of interest without any reference to the applicable rules, he's just shooting squid ink.

David Sklansky

Stanford Law School

New Hotel-Owner Plaintiff in CREW Emolument Lawsuit

5/11/17  //  Latest Developments

Yesterday, CREW again amended its complaint alleging that President Trump has violated the Domestic and Foreign Emoluments Clauses of the U.S. Constitution. Notably, CREW added another plaintiff: Eric Goode, the owner of several famous hotels, restaurants, bars and event spaces in New York.

How the DOJ Brief in CREW v. Trump Reveals that Donald Trump is Violating the Foreign Emoluments Clause

6/12/17  //  In-Depth Analysis

The most remarkable thing about DOJ’s brief is that its conclusion doesn't follow from its own explanation of the meaning of the term “emolument,” nor, for that matter, from any of DOJ’s analysis. To the contrary, DOJ’s account of the Clause, and of the meaning of the term “emolument,” actually demonstrates that the President is violating the Foreign Emoluments Clause, at least with respect to some of the conduct alleged in the CREW complaint.

Marty Lederman

Georgetown Law

Versus Trump: I Want Out!

7/13/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

DeVos Gives Accountability the Boot

4/14/17  //  Commentary

Education Secretary Betsy DeDos has jettisoned memos that hold student loan services accountable for past performance. That hurts everyone except her buddies in the loan servicing industry.

Danielle D'Onfro

Washington University Law School

D.C. and Maryland Have Standing to Sue for Emoluments Clause Violations

11/16/17  //  Commentary

On Tuesday, we and 18 other law professors submitted an amicus brief in federal district court arguing that the District of Columbia and Maryland have standing to pursue their constitutional claims.

Seth Davis

U.C. Irvine School of Law

Daniel Hemel

University of Chicago Law School

Conference on 'Populist Plutocrats: Lessons from Around the World'

9/6/17  //  Latest Developments

On September 23, Harvard Law School will host a one-day conference about populist plutocrats, a label many apply to President Trump.

Take Care

The Comey Affair And Evidence Of Motive

5/12/17  //  In-Depth Analysis

The Comey affair underscores that decisionmakers must look beyond the administration’s “official” documents to determine the administration’s motives.

Leah Litman

Michigan Law School

Announcing Our New Podcast: "Versus Trump"

4/20/17  //  Latest Developments

Take Care is pleased to announce the release of "Versus Trump," a new, affiliated podcast about the ways that the Trump Administration is breaking the law—and what people are doing about it.

Take Care

There’s Unquestionably Standing in the CREW Case. Here’s Why.

4/19/17  //  In-Depth Analysis

The additional plaintiffs in the CREW case unquestionably have standing.

Jonathan Taylor

Gupta Wessler PLLC

New White Paper on Trump and the Domestic Emoluments Clause

7/26/17  //  Commentary

A major new white paper shows why the Domestic Emoluments Clause is a critically important provision in our Constitution.

Brianne J. Gorod

Constitutional Accountability Center

Tracking Corruption and Conflicts in the Trump Administration

6/13/17  //  In-Depth Analysis

An updated quarterly report on instances in which there are credible allegations of President Trump, his family, and his close associates exploiting their public power for private gain.

Take Care

Versus Trump: A Gadfly Suit + Leah Litman

6/15/17  //  In-Depth Analysis

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss a lawsuit against the President that's been brought by a D.C. gadfly who claims that Trump did not provide sufficient detail on the financial disclosure form he submitted as a candidate. Then, Easha talks with Leah Litman about the status of the Muslim ban litigation and the role of oral advocacy in this and other high-profile cases. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Versus Trump: 2017 Scorecard

1/4/18  //  Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Profiting from the Presidency?

5/3/17  //  In-Depth Analysis

Tracking Corruption and Conflicts of Interest in the Trump Administration

Take Care

What It Means To Be Presidential: Litigating Positions

7/11/17  //  Commentary

Jane Chong questioned whether the administration's “self-interested [legal] stance" in the cases about the emoluments clauses "is ... fundamentally at odds with the trust that the office [of the President] confers.” It's worth asking the same about the administration's litigating position on the scope of the injunction against the entry ban.

Leah Litman

Michigan Law School

The Plaintiffs in CREW v. Trump Deserve To Have Their Claims Heard

8/14/17  //  In-Depth Analysis

Our amicus brief explains why the Justice Department’s jurisdictional arguments miss the mark

Daniel Hemel

University of Chicago Law School

Leah Litman

Michigan Law School

Louisiana’s Ongoing Ethical Crisis: Why SCOTUS Should Weigh In On The Case Of Rogers Lacaze

8/22/18  //  Commentary

In the coming weeks, the U.S. Supreme Court will consider whether to grant Lacaze v. Louisiana, a case raising profound questions for the constitutional standards governing judicial recusal where a judge has --but does not even disclose--concrete connections to the case being tried before him.

Take Care

Because President Trump Has Chosen Not To Go to Congress, Members of Congress Must Go to the Courts

6/14/17  //  Commentary

Today, Senator Richard Blumenthal, Representative John Conyers, and 194 other members of Congress have gone to federal court seeking to put an end to the President’s willful violations of the Constitution.

Brianne J. Gorod

Constitutional Accountability Center

A New Front in the Emolument Wars

7/20/17  //  Commentary

If the people of this nation want a president who acts unclouded by private financial benefits, they must step up and insist that their officials not pay illegal emoluments to Trump in the first place

States And The Emoluments Clause

6/12/17  //  Commentary

In a new lawsuit, Maryland and D.C. allege that the President's violations of the Emoluments Clauses harm their sovereign, quasi-sovereign, and proprietary interests. Those interests get special solicitude in federal court.

Leah Litman

Michigan Law School

On The Ripeness of Potted Plants and Other Non Sequiturs

12/22/17  //  Quick Reactions

We offer a few quick reactions to yesterday's opinion dismissing one of the emoluments cases on standing grounds.

Leah Litman

Michigan Law School

Daniel Hemel

University of Chicago Law School

Congressional Standing Is Not an All-or-Nothing Proposition

6/19/17  //  Commentary

It is perfectly consistent to think the House lacks standing in House v. Price, but that members of Congress have standing to sue for Foreign Emoluments Clause violations.

Brianne J. Gorod

Constitutional Accountability Center

Trump Is Ushering In A Kleptocracy. That's Why He Is Being Sued

6/14/17  //  Commentary

If recent events are any sign, the public will not stand idly by as Trump turns our nation into a banana republic.

What Alexander Hamilton Really Said

7/6/17  //  Commentary

For good reason, nearly everyone agrees that the Foreign Emoluments Clause applies to the President. And the main contrary argument rests on a misreading of the historical record.

Brianne J. Gorod

Constitutional Accountability Center

Important Update on an Emoluments Case Against Trump

8/5/17  //  Latest Developments

Late last night, the plaintiffs in CREW v. Trump filed their brief opposing President Trump's motion to dismiss the case.

District Court Tries Too Hard To Duck Emoluments Clause Case

12/27/17  //  Commentary

I did not expect that a federal district judge would simply fail to apply the law that currently binds him. Yet that's more or less what Judge Daniels did in dismissing the CREW emoluments case.

Michael C. Dorf

Cornell Law School

An Emoluments Case Arrives in the Second Circuit

5/2/18  //  Commentary

Supported by powerful amicus briefs, the plaintiffs in CREW v. Trump have urged the Second Circuit to hold that their claims must be decided on the merits

Tax Consequences of Legal Defense Funds

10/24/17  //  In-Depth Analysis

President Trump and a number of his associates have established legal defense funds (LDFs) in connection with various Congressional investigations. What rules govern these LDFs?

Take Care

Trump Emoluments Argument Mirrors His “Just a Hope” Comey Defense

6/14/17  //  Commentary

The last week saw important developments with respect to Donald Trump's ongoing confrontation with the Constitution's Foreign Emoluments Clause.

Michael C. Dorf

Cornell Law School

Raines Check: Legislator Standing and the Separation of Powers

7/10/17  //  In-Depth Analysis

Separation of powers principles strongly support standing in the Foreign Emoluments Clause suit filed by Members of Congress.

G. Michael Parsons

NYU School of Law

Versus Trump: Versus David Dennison

3/15/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie do a near-live episode about Stormy Daniels' lawsuit against David Dennison—we mean, Donald Trump. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

The Two Sides Of Donald Trump, As Reflected in The Government's Motion to Dismiss in the CREW Emoluments Case

6/12/17  //  Quick Reactions

The government's motion to dismiss alternately characterizes CREW's lawsuit as a case involving "official action" and a case involving solely a private "business venture." The different descriptions go to the core of CREW's lawsuit, which is that given the President's business affairs, we don't know when he's acting as President or as a businessman.

Leah Litman

Michigan Law School

Questions about the Emoluments Amicus Brief on Behalf of Trump

8/31/17  //  In-Depth Analysis

The amicus brief filed by Seth Barrett Tillman and Josh Blackman has some serious problems with how it represents its historical sources.

Jed Shugerman

Fordham Law School

Emoluments and Justiciability

6/26/17  //  Commentary

Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.

Take Care

Reuters: State Pension Funds Paying Millions in Emoluments to Trump

4/27/17  //  Quick Reactions

Professor Jed Shugerman analyzes a Reuters report that state pensions, run by state officers, are investing and paying public money to Trump LLCs

Take Care

Presents, Emoluments, and Corruption

6/21/17  //  Commentary

Simon Stern explains why DOJ's interpretation of "emolument" doesn't make sense as a matter of text or purpose.

Take Care

Standing Up For Standing in CREW v. Trump

4/26/17  //  Quick Reactions

Everyone should give a tip of the hat to the new plaintiffs in the CREW v. Trump lawsuit.

Leah Litman

Michigan Law School

Versus Trump: Trump The Racketeer?

11/1/18  //  Uncategorized

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit alleging that Trump and his children were part of a racketeering enterprise that engaged in fraud in connection with their supposed endorsement of a multi-level marketing operation. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Foreign Emoluments, Alexander Hamilton & A Twitter Kerfuffle

7/12/17  //  In-Depth Analysis

Last week, Brianne Gorod strongly refuted the claim that Alexander Hamilton thought presidents are free to accept foreign emoluments. Her post sparked a bout of criticism on Twitter. But that criticism is weak even on its own limited terms—and should not obscure Brianne's vital contribution to a debate of surpassing national importance.

The (Other) Dark Side Of The Comey Affair

5/15/17  //  Commentary

James Comey’s firing threatens more than just the rule-of-law norm against self-investigation. It also threatens the rule-of-law norm against politically motivated policing and prosecutions.

Leah Litman

Michigan Law School

The Definition of "Emolument" in English Language and Legal Dictionaries, 1523-1806

7/12/17  //  In-Depth Analysis

John Mikhail demonstrates that "DOJ’s historical definition of 'emolument' is inaccurate, unrepresentative, and misleading."

Take Care

Why Does DHS Need a Corporate Headhunter?

12/18/17  //  Quick Reactions

The LA Times has reported on a $300M deal between the Department of Homeland Security and Accenture. This is a major development.

Jon D. Michaels

UCLA School of Law

Asymmetric Geographical State Standing

6/20/17  //  Commentary

The recent DC/Maryland emoluments case reflects a truth known to the Framers: jurisdictions geographically closer to the national capital would have a different relationship with federal power.

David Fontana

George Washington University Law School

CREW’s New and Improved Legal Complaint Against Trump

4/24/17  //  Commentary

Matthew Stephenson (Harvard Law School) analyzes CREW's emoluments clause lawsuit against President Trump, discussing the recent addition of two plaintiffs and the likely course ahead.

Take Care

Mikhail’s Blackstone Breakthrough: Emoluments Meant Private Benefits

5/31/17  //  Commentary

By Jed Shugerman: Trump’s lawyers have argued that the original public meaning of “emolument” was “payment or other benefit received as a consequence of discharging the duties of an office.” But recent research by John Mikhail into Blackstone's Commentaries shows that emoluments are not limited to “office related payments.”

Take Care

A Little More on Alexander Hamilton and the Foreign Emoluments Clause

8/1/17  //  In-Depth Analysis

A trip to the National Archives turned up some fascinating evidence about Alexander Hamilton and foreign emoluments.

Brianne J. Gorod

Constitutional Accountability Center

[UPDATED] Trump's Innocence and the Rule of Law

5/12/17  //  Commentary

Even if Trump fired Comey because Trump knows himself to be innocent of Russia-related wrongdoing, that would still be unacceptable.

Richard Primus

University of Michigan Law School

George Washington’s Secret Land Deal Actually Strengthens CREW’s Emoluments Claim

6/2/17  //  In-Depth Analysis

George Washington’s effort to keep some of his land dealings quiet at least suggests he understood they were politically, legally, and maybe constitutionally problematic.

Take Care

States Can Require Financial Disclosure by Presidential Candidates to Safeguard Electoral Transparency

4/6/17  //  In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

Danielle Lang

The Campaign Legal Center

All TC Analysis of Emoluments Issues & Cases

8/1/17  //  Latest Developments

Take Care presents an organized guide to our coverage of the Foreign and Domestic Emoluments Clauses.

Take Care

On Standing In CREW v. Trump Part I: Defining The Injury

4/27/17  //  In-Depth Analysis

Critics of the standing arguments in CREW v. Trump are defining the new plaintiffs’ injury in the wrong way.

Leah Litman

Michigan Law School

Competitor Plaintiffs in Emoluments Clause Case Bolster Standing

4/19/17  //  Commentary

CREW has amended its complaint in the widely-watched emoluments case. The addition of two new plaintiffs should make the lawsuit bulletproof on standing grounds.

Michael C. Dorf

Cornell Law School

Emoluments, Zone of Interests, and Political Questions: The 13th and 14th Strokes of the Clock

12/26/17  //  In-Depth Analysis

Judge Daniels's opinion dismissing CREW's emoluments case makes profound errors in assessing 'zone of interests' and the political question doctrine. These errors are so grave that they cast doubt on the whole opinion.

Jed Shugerman

Fordham Law School

Trump’s Foreign Emoluments: Another Fig Leaf Falls Away

5/25/17  //  Commentary

Trump's widely-touted plan to comply with the Foreign Emoluments Clause has always been inadequate and riddled with tough questions. Now we have answers to some of those questions—and they confirm that Trump's hotel-related violations will persist unabated.

President Trump Pretends He’s Solved His Foreign Emoluments Problem. He Hasn’t.

3/14/18  //  Commentary

The right thing to do would be for President Trump to obey the Constitution, and this donation doesn’t begin to satisfy that obligation.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: "What About Congress? + Steven Wu"

6/8/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive. Then, Jason talks with Steven Wu, a Deputy Solicitor General in the Office of New York Attorney General Eric Schneiderman, about the case against Trump University, the active role of states in recent years, and other issues in which New York is adverse to the President. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

On Presumptions Of Regularity, And Incidents Of Irregularity

5/11/17  //  Commentary

The Presumption of Regularity, Like All Presumptions, Is Rebuttable, Not Conclusive Evidence

Leah Litman

Michigan Law School

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17  //  In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Marty Lederman

Georgetown Law

Antitrust After the Fall

11/21/17  //  In-Depth Analysis

Trump has needlessly created many reasons to look skeptically on DOJ's justified, important lawsuit to prevent AT&T and Times Warner from merging.

Eric Citron

Goldstein & Russell

Members of Congress Have Standing in the Emoluments Suit

6/24/17  //  In-Depth Analysis

Eric Segall explains why the emoluments suit by 196 Members of Congress must be decided on the merits.

Take Care

Punching Down From The Pulpit, And Other Unpresidential Positions

8/8/17  //  Commentary

The President’s litigation positions underscore how he views his office as a license to beat up on persons with less power.

Leah Litman

Michigan Law School

Versus Trump: So, Can California Really Do That?

10/5/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Movin' Right Along

4/12/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump, Episode 1

4/20/17  //  Commentary

"A New Sheriff In Town" + Zephyr Teachout

On Standing In CREW v. Trump Part II: More Distinctions Without A Difference To Competitor Standing Cases

4/28/17  //  Commentary

The various ways that standing skeptics have distinguished cases supporting standing in CREW are unpersuasive.

Leah Litman

Michigan Law School

An Emolumental Take On the President Versus The Presidency

7/26/18  //  Quick Reactions

The recent opinion allowing the plaintiffs' emoluments claims to go forward comports with recent suggestions about separating this President from the office of the Presidency.

Leah Litman

Michigan Law School

Versus Trump: Versus The Trump Foundation

7/19/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie discuss the New York Attorney General's petition to dissolve the Trump Foundation and ban President Trump and his children from serving as directors of charities in the future. They then do some a hit on the new Mueller indictment. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

See You In Court 2.0

3/16/17  //  In-Depth Analysis

Last night, a federal judge in Hawaii blocked Trump's revised entry ban. Here is a detailed analysis of its decision and an assessment of what likely will happen next in that litigation.

Leah Litman

Michigan Law School

The Blumenthal & Nadler Decision: A Watershed in the Effort to Combat Presidential Corruption

10/3/18  //  Commentary

On Friday, Judge Emmet G. Sullivan ruled that the plaintiffs in Blumenthal, Nadler, et al. v. Trump have standing to sue the President for violating the Constitution’s Foreign Emoluments Clause.

Want To Know What’s Been Happening Lately in the Congressional Emoluments Case? A Lot.

11/9/17  //  Latest Developments

Updated on a case against the President for his violations of the Constitution's Emoluments Clauses.

Brianne J. Gorod

Constitutional Accountability Center

Presidential Bad Faith

3/16/17  //  Commentary

If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."

Laurence H. Tribe

Harvard Law School

Will Trump’s Lawyers Rewrite and Invert the Emoluments Clause?

4/18/17  //  In-Depth Analysis

NYT has leaked one of DOJ's theories in the emoluments clause case: that this is a "political question." Any such argument, however, would be exceptionally weak as a matter of text, precedent, and purpose, and would completely invert the basic operation of the Foreign Emoluments Clause.

Maryland and DC Have Standing to Sue Trump for Emoluments Violations

6/12/17  //  In-Depth Analysis

The constitutional arguments supporting state standing in this landmark Emoluments Clause case are exceptionally powerful.

Laurence H. Tribe

Harvard Law School

A Few Cheers For The Appointment Of A Special Counsel

5/17/17  //  Quick Reactions

In a welcome development, Deputy Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as a special counsel to investigate Russia-related (criminal) wrongdoing.

Leah Litman

Michigan Law School

Two Thoughts on the Government's Motion to Dismiss in the CREW Emoluments Case

6/10/17  //  Quick Reactions

Here’s a brief note on two things that struck me on a quick read of the government’s motion to dismiss in CREW v. Trump, filed yesterday. The first is about Mississippi v. Johnson, which the government cites as limiting the power of courts to grant injunctions against the President. The second is about the government’s more general claim that the only proper relief for an emoluments violation is political rather than judicial.

Richard Primus

University of Michigan Law School

Versus Trump Live: Fairweather Federalism?

6/14/18  //  Commentary

On this week's special live episode of Versus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan. They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

This week, Leah Litman continued her series of posts on "standing" in the CREW emoluments lawsuit. Further conflicts of interests drew attention as the Trump Administration announced its tax plan.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

President Trump is ushering in a kleptocracy, that's why he's being sued. So argues Joshua Matz in Take Care as the cases against President Trump's violations of the foreign and domestic emoluments clauses mount.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

CREW added another plaintiff to its Emoluments Clause lawsuit, potentially strengthening the case for standing.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Allegations of impropriety under the Emoluments Clause continue to swirl around President Trump, particularly in response to recent announcements of new America-themed Trump hotels.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The CREW Emoluments Clause lawsuit added a New York hotel owner, and law professors argue that Blackstone interpreted "emolument" broadly.

Updates | The Week of October 16

10/21/17  //  Daily Update

The DOJ could argue that the Foreign Emoluments Clause does not apply to elected officials such as the president. Arguments in CREW v. Trump, a challenge to President Trump's receipt of emoluments, began in the Southern District of New York.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump has pledged to donate his first quarter salary to the National Park Service. States are considering regulating access to ballots based on financial disclosure.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

President Trump and his administration continue to run into potential conflicts of interest.

Take Care

Updates | The Week of September 11, 2017

9/17/17  //  Daily Update

Trump's decision to end DACA spurs a flurry of legal challenges; his election fraud commission gets into more trouble; and the Supreme Court stays the Ninth Circuit's latest trvel ban ruling.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

The President’s allies are seeing lucrative benefits for their support. Meanwhile, the Secret Service has already exhausted the agency’s budget for protecting the President’s extensive circle of family and aides.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

As Ivanka Trump expands her role in the White House, Senators call to ensure she complies with all ethics laws. President Trump's nominee to lead the FDA has reported receiving millions of dollars from large drug makers in recent years.

Updates | The Week of September 4, 2017

9/10/17  //  Daily Update

The President orders an end to DACA and has Attorney General Jeff Sessions announce the change; Trump Jr.'s June 2016 meeting with a Russian lawyer undergoes more scrutiny; Trump's 16 nominations to the federal judiciary spur challenges and concern.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

The plaintiffs in the Emoluments cases must clear several hurdles to get an adjudication on the merits.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

Controversy continued over senior administration officials' use of private aircraft at taxpayers' expense. Supreme Court Justice Gorsuch's speech at the Trump International Hotel sparked backlash.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

While Judge Neil Gorsuch did not reveal his views on President Trump and the Emoluments Clause this week, we saw analysis both of President Trump's domestic emoluments and of former National Security Advisor Michael Flynn and the Foreign Emoluments Clause.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

President Trump's business ties raise questions about his domestic and foreign policies.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

Conflicts of interest occupied the spotlight this week as watchdog groups raised concerns about Jared Kushner and Ivanka Trump. Former Trump campaign staffers are using their positions to attract foreign lobbying contracts.

Updates | The Week of November 13, 2017

11/19/17  //  Daily Update

The House passes its version of a tax bill that would dramatically alter the tax code as President Trump faces trouble over the diversity of his federal judicial nominees and the fitness of his appointees to office, some of whom have alleged conflicts of interest.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

Legal commentary continued over whether the Foreign Emoluments Clause applies to the President. The DOJ offered a new, narrower definition of an "emolument."

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

Jared Kushner's sister's comments at an event in China offering visas in return for investments raised eyebrows this week. A member of Congress has requested information regarding Kellyanne Conway's business relationships.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

The Administration's hiring of Lynne Patton, a former wedding planner for the Trump family, raises conflict of interest concerns.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

The Government Accountability Office opened an investigation into conflicts of interests during President Trump's transition.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

The Government Services Agency sided with Trump Hotel in Washington, D.C. on allegations that it was in violation of its lease. Meanwhile, President Trump's nominees and advisors face conflicts criticism of their own.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

Commentary continued on the application of the Foreign Emoluments Clause to the President.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

Commentary continues on President Trump's possible violations of the Domestic and Foreign Emoluments Clauses.

Updates | The Week of August 28, 2017

9/3/17  //  Daily Update

Trump's pardon of former sheriff Joe Arpaio sets off a firestorm; another battle over Trump's immigration ban is heard by the Ninth Circuit; and investigators and journalists turn up more evidence of Trump's business dealings with Russia.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

Jared Kushner has current business ties with Goldman Sachs, George Soros, and Peter Thiel.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Reports revealed that a political donation to the New York District Attorney may have thwarted a 2012 felony fraud indictment against Ivanka Trump and Donald Trump, Jr. Controversy continued to rage over administration officials' use of private and military aircraft.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Historians corrected an amicus brief in the SDNY Emoluments Clause case and issued an apology for the error.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

People across the country have protested demanding to see President Trump's tax returns. The CREW's emoluments suit has progressed with the addition of two new plaintiffs who have made the case stronger.

Take Care

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

The Trump Administration had a strained relationship with Walter Shaub, former head of the Office of Government Ethics. This is unsurprising given the President's and other administration officials' investments.

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

Despite President Trump's denials, the tax bill would certainly benefit him.

Jeffrey Stein

Columbia Law School

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

D.C. and Maryland are uniquely positioned in their suit against the President for his violations of the Emoluments Clause.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump pledged to donate his first quarter salary to the National Park Service. Questions have arisen over whether states can regulate access to ballots based on financial disclosure.

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

The former director of the Office of Government Ethics called for significant ethics reforms. Bank regulators are reviewing loans President Trump received from Deutsche Bank.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

President Trump’s brand is in decline following his sharply criticized remarks on violence in Charlottesville. Senator Blumenthal’s emoluments suit may suffer from too broad a reading of prohibited emoluments.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

Jared Kushner's company used a federal loan program intended to subsidize low-income housing to build a luxury residential building, and the Administration released its ethics waivers online.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

President Trump will likely violate the Domestic Emoluments Clause, if he hasn't already. And a construction a lawyer in West Palm Beach, Florida has filed another emoluments clause suit against the president.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

The DOJ reversed its prior concession that the Foreign Emoluments Clause applies to the President. Oral arguments in the first Emoluments Clause challenge lingered on whether the issue is a nonjusticiable political question.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

The Office of Government Ethics plans to investigate the waivers granted to lobbyists and industry officials to enable them to work at the Trump White House.

Take Care

Updates | The Week of November 6, 2017

11/12/17  //  Daily Update

As the GOP attempts tax reform, the Mueller investigation keeps heating up, as does Trump's rhetoric on North Korea.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

President Trump's personal and family business connections continue to raise the specter of unconstitutional corruption.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

While some argue that the President may accept gifts without running afoul of the Foreign Emoluments Clause, critics view this reading as inaccurate and ahistorical. Dismissing the Emoluments Clause litigation for lack of standing would deviate from separation-of-powers principles.

Update | The Week of November 27, 2017

12/3/17  //  Daily Update

President Trump stands to gain from the tax bill, despite claims to the contrary. The Administration's handling of the CFPB draws criticism.

Jeffrey Stein

Columbia Law School

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

Michael Flynn's work on behalf of the Turkish government figures into Special Counsel Robert Mueller's investigation of the Trump campaign.

Jeffrey Stein

Columbia Law School

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

The Trump Organization may have rescinded the President's "no new deals" pledge.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

Commentary continued on the President's alleged violations of the Domestic Emoluments Clause.

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

The Director of the Office of Government Ethics resigned this week. The Trump Organization renewed domain names for prospective Russian business ventures.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump's financial disclosure forms have garnered a lot of criticism. Jared Kushner's role in the White House and his relationship with Chinese officials has also been the subject of scrutiny.

Update | Week of October 30, 2017

11/6/17  //  Daily Update

More than half of Senate-confirmed appointees in the Trump Administration have a notable conflict of interest. Secretary of Commerce Wilbur Ross's filings raise new questions about conflicts of interest.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Special counsel Robert Mueller is investigating Jared Kushner. The latest episode of Versus Trump podcast discusses President Trump's violations of the Ethics In Government Act.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Simon Stern, on Take Care, argues that the Administration's interpretation of "emolument" conflicts with the Founders' vision.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

Considerable controversy ensued over a $300 million contract to repair Puerto Rico's power grid awarded to a tiny for-profit company based in Interior Secretary Zinke's small Montana hometown.