DEMOCRATS FILED EMOLUMENTS SUIT AGAINST TRUMP’S FINANCIAL RECORDS
A federal judge told US House and
Senate Democrats they can begin collecting financial evidence this week about Donald Trump's business for a lawsuit.
Judge Emmet Sullivan, of the US
District Court in Washington, denied an attempt by the Justice Department to
stop the Democrats from collecting information from the Trump Organization and
to appeal early court decisions in the lawsuit, which tests the
constitutionality of Trump's business holdings while he serves as President.
The case is one of several
avenues Democrats have to get to Trump's financial records.
Sullivan said the group of more
than 200 members can begin collecting evidence June 28 through late September.
Previously, the members of Congress said they plan to seek both documents and
depositions from the Trump Organization.
But the Justice Department had
hoped to take the case to an appeals court before the evidence collection
began.
"This case will be poised
for resolution within six months; an immediate appeal would hardly materially
advance its ultimate termination," Sullivan wrote on Tuesday.
This may not be the end of the
fight for Trump's records, however.
It's not clear yet how the
Justice Department will respond to Sullivan's order Tuesday.
In a similar case over Trump's
business proceeds that had reached the evidence-collection phase, the Justice
Department took an unusual step to get an appeals court to review the matter.
The appeals court has not yet
made a decision in that case, which remains paused. The Justice Department has
not taken a step yet to circumvent Sullivan's order, but could, given the other
case.
More than 200 Democratic senators
and House members sued Trump in this case. They claim his refusal to present
his business holdings to Congress for their approval deprived them of a vote,
and his continued business holdings violate the constitutional anti-corruption
section known as the Emoluments Clause, which says elected officials cannot
collect proceeds from foreign powers.
Sullivan previously signed off on
their lawsuit, saying they had the authority to challenge the President and
that the legal definition of "emoluments" was broad.
"This extraordinary lawsuit
has all the hallmarks of a case worthy of" early review by an appellate
court, because it looked at an issue that's never been fully weighed by the
courts before, the Justice Department had argued.
But the members of Congress called
the early appeal of an appeal a delay tactic built around Trump running for
reelection.
"If the President succeeds
in running out the clock, an entire presidential term will have gone by with
the nation's highest officeholder making countless foreign policy decisions
under a cloud of potentially divided loyalty and compromised judgment caused by
his enrichment from foreign states. That is precisely the nightmare scenario
the Framers adopted the Foreign Emoluments Clause to avoid," the members
of Congress wrote in a previous court filing.
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