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!
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!
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.
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.
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!
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.
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!
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!
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.
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.
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.
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!
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!
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.
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.
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.”
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.
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!
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!
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!
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!
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.
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."
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.
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!
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 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 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 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 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.
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 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 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.
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 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 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.
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.
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 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 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.
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 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.