Versus Trump Live: Fairweather Federalism?
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!
Versus Trump: Movin' Right Along
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!
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 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 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.
New Hotel-Owner Plaintiff in CREW Emolument Lawsuit
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: 2017 Scorecard
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
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
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
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
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.
Foreign Emoluments, Alexander Hamilton & A Twitter Kerfuffle
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
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
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
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.
Two Thoughts on the Government's Motion to Dismiss in the CREW Emoluments Case
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.
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 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 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 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 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 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.