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thoughtbeast
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28 Sep 2018, 9:53 pm

Judge allows Dems' lawsuit against Trump over foreign payments to his businesses to proceed

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A federal judge in Washington, DC, ruled Friday that a lawsuit brought by more than 200 Democrats in Congress against President Donald Trump over foreign payments to his business can proceed.

Sen. Richard Blumenthal, D-Connecticut, and the other members allege in the lawsuit that the President is violating the emoluments clause of the Constitution by not seeking their approval for his businesses to accept payments from foreign governments.

Ruling on the President's motion to dismiss the lawsuit, District Judge Emmet Sullivan held that the Democrats have standing to proceed on their complaint, holding that they properly alleged they suffered an injury for not being able to vote on the President's perceived receipt of payments from foreign governments.

The Democratic members of Congress' "well-pleaded complaint alleges that the President has accepted prohibited foreign emoluments without first seeking the consent of Congress," Judge Sullivan wrote. "The alleged injury is therefore directly traceable to the President's alleged failure to seek Congressional consent." ...



Heat844
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01 Oct 2018, 12:38 am

If I'm understanding this correctly, the democrats want to penalize Trump being president and owning businesses at the same time? Did they expect him to sell all of his businesses before he ran for president? The democrats are really desperate.

I thought he transferred control of his businesses to his kids so these kind of conflicts of interest wouldn't arise.


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EzraS
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01 Oct 2018, 1:24 am

The democrats are obviously desperate to come up with anything and everything. That started with pleading with and also threatening electors to change their vote.

Thing is could be if trump gets through the accusations of collusion and accusations of violating the constitution and so on and on and on, it might end up backfiring on them.



thoughtbeast
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01 Oct 2018, 10:18 am

Heat844 wrote:
If I'm understanding this correctly, the democrats want to penalize Trump being president and owning businesses at the same time? Did they expect him to sell all of his businesses before he ran for president? The democrats are really desperate.

I thought he transferred control of his businesses to his kids so these kind of conflicts of interest wouldn't arise.

No, you're not understanding this correctly.

Presidents (along with all federal employees) aren't allowed to receive anything of value from a foreign regime. That includes payments to any business owned by the President. Otherwise a foreign regime could mask bribes in the form of payments for hotels, etc.

Quote:
...no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

US Constitution, Article 1, Section 9, paragraph 8

v.

Quote:
President Donald Trump should not be barred from renting rooms to foreign governments, even those that say publicly say they are doing so to curry the President's favor, a Trump administration attorney argued Monday.

Trump admin says Trump can profit from foreign hotel guests



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01 Oct 2018, 10:20 am

[sarcasm]

Oh, but aren't you supposed to ignore the law when it would otherwise apply to Donald J. Trump?

[/sarcasm]


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thoughtbeast
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01 Oct 2018, 10:22 am

EzraS wrote:
The democrats are obviously desperate to come up with anything and everything. That started with pleading with and also threatening electors to change their vote.

Thing is could be if trump gets through the accusations of collusion and accusations of violating the constitution and so on and on and on, it might end up backfiring on them.

All will become clear in about 3 or 4 months when Trump's income tax returns are opened for Congressional review.

We'll see who's desperate then.



Fnord
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01 Oct 2018, 12:53 pm

thoughtbeast wrote:
EzraS wrote:
The democrats are obviously desperate to come up with anything and everything. That started with pleading with and also threatening electors to change their vote. Thing is could be if trump gets through the accusations of collusion and accusations of violating the constitution and so on and on and on, it might end up backfiring on them.
All will become clear in about 3 or 4 months when Trump's income tax returns are opened for Congressional review. We'll see who's desperate then.
But if Mr. Kavanaugh gets put on the Supreme Court, couldn't he somehow issue an injunction against Mr. Trump releasing his tax returns?

Hmm... :chin:

Maybe that's why the POTUS is so hot and bothered to get his buddy on the SCOTUS -- so that he can kick America in the SCROTUS.


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thoughtbeast
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01 Oct 2018, 4:23 pm

Fnord wrote:
thoughtbeast wrote:
EzraS wrote:
The democrats are obviously desperate to come up with anything and everything. That started with pleading with and also threatening electors to change their vote. Thing is could be if trump gets through the accusations of collusion and accusations of violating the constitution and so on and on and on, it might end up backfiring on them.
All will become clear in about 3 or 4 months when Trump's income tax returns are opened for Congressional review. We'll see who's desperate then.
But if Mr. Kavanaugh gets put on the Supreme Court, couldn't he somehow issue an injunction against Mr. Trump releasing his tax returns?

Hmm... :chin:

Maybe that's why the POTUS is so hot and bothered to get his buddy on the SCOTUS -- so that he can kick America in the SCROTUS.

Any attempt by Trump at injunctive relief would have to come from a district court. The decision could be appealed to the US Court of Appeals for the circuit where the case was filed (most likely, the DC Circuit which Chief Justice Roberts keeps for himself). Of course, on any appeal from the circuit Court of Appeals to the US Supreme Court, Kavanaugh would get a vote. His role as an independent jurist would be limited to whatever circuit is assigned him. In his own circuit, Kavanaugh would be top Scrote, subject to review by the full Supreme Court.

See:
Circuit Assignments



Fnord
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01 Oct 2018, 7:23 pm

I see ... so we could expect Mr. Kavanaugh to only influence the outcome of a SCOTUS vote, and not necessarily an instrument of control for this nation's Demander-In-Chief.


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thoughtbeast
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01 Oct 2018, 9:55 pm

Fnord wrote:
I see ... so we could expect Mr. Kavanaugh to only influence the outcome of a SCOTUS vote, and not necessarily an instrument of control for this nation's Demander-In-Chief.

Actually it depends.

Kavanaugh will have to be assigned a circuit if he is confirmed. Which one (or more) depends on Roberts and the other justices. A case filed in his circuit would put Kavanaugh in a powerful position to intercede on behalf of Trump. As top Scrote in his own circuit, Kavanaugh would have the final say, unless at least four justices vote to bring the case before the full Supreme Court for a hearing there.

In the full Supreme Court, a simple majority (5 justices out of 9) suffices to win a case, so a single vote is quite powerful in and of itself. The Court has been narrowly voting a lot in 5-4 decisions, so Kavanaugh's vote would be more than merely influential, it could be decisive.



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09 Oct 2018, 11:35 pm

EzraS wrote:
The democrats are obviously desperate to come up with anything and everything. That started with pleading with and also threatening electors to change their vote.

Thing is could be if trump gets through the accusations of collusion and accusations of violating the constitution and so on and on and on, it might end up backfiring on them.
Speaking of desperate, remember the whole birther controversy?
thoughtbeast wrote:
Presidents (along with all federal employees) aren't allowed to receive anything of value from a foreign regime. That includes payments to any business owned by the President. Otherwise a foreign regime could mask bribes in the form of payments for hotels, etc.
I wonder how the Cons would react if Obama received something of value from a foreign regime :chin:


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EzraS
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11 Oct 2018, 7:53 am

RetroGamer87 wrote:
Speaking of desperate, remember the whole birther controversy?


Yes I do. It's an excellent comparison. Although that one thing is like a drop in the bucket compared to the umpteen crazy things the dems have done and come up with.

RetroGamer87 wrote:
I wonder how the Cons would react if Obama received something of value from a foreign regime :chin:


Regarding his private corporation if he had one? Probably just as badly as the Dems.



Heat844
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14 Oct 2018, 8:21 pm

You liberals would impeach Trump for jaywalking, wouldn't you? :roll:


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RetroGamer87
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14 Oct 2018, 11:44 pm

They shouldn't try to impeach Trump. The longer Trump stays in power the more he'll discredit himself and his party.

thoughtbeast wrote:
Quote:
...no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
US Constitution, Article 1, Section 9, paragraph 8


Politicians like to think of that document as more of a guideline.


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thoughtbeast
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15 Oct 2018, 12:10 am

Heat844 wrote:
You liberals would impeach Trump for jaywalking, wouldn't you? :roll:


They didn't get Al Capone for murders like the St. Valentine's Day Massacre; they didn't get him for trafficking in alcohol during Prohibition; they didn't get him for his interference in elections, either.

They got Al Capone for ... income tax evasion.

I'm not particular as to how Trump gets evicted from the presidency as long as he ends up with a long-term sentence in a federal penitentiary.

And let's remember just how Trump jaywalks:

Quote:
"You know what else they say about my people? The polls, they say I have the most loyal people. Did you ever see that? Where I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters, okay? It’s like incredible," Trump said.