Judge Orders Evidence-Gathering in Trump Case

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02 Nov 2018, 10:51 pm

Judge Orders Evidence to Be Gathered in Emoluments Case Against Trump

Quote:
A federal judge in Maryland on Friday ordered evidence-gathering to begin in a lawsuit accusing President Trump of violating the Constitution by maintaining a financial interest in his company’s Washington hotel.

The plaintiffs are seeking records that could illuminate potential conflicts of interest between Mr. Trump and foreign leaders or state officials who patronize Trump International Hotel, blocks from the White House.

The judge, Peter J. Messitte of the United States District Court in Greenbelt, Md., said the Justice Department had failed to show a compelling reason to hold up the case while its lawyers appeal his earlier rulings. He ordered the parties to come up with a timeline within 20 days to produce evidence.

The lawsuit, filed by the District of Columbia and the State of Maryland, seeks for the first time to define the meaning of constitutional language that restricts the president from accepting financial benefits, so-called emoluments...

The attorneys general for Maryland and the District of Columbia contend that the Trump hotel unfairly competes with convention centers and hotels in their jurisdictions. Among other documents, they are expected to seek records that reveal the identity of hotel guests who visited the White House on official business, as well as how much the president has profited. Ultimately, they could try to go after the president’s tax returns.

Judge Messitte found earlier that the local governments had standing to sue the president, and that the emoluments clauses should be broadly interpreted as measures to protect against corruption.

The Justice Department asked for the judge’s permission to appeal his rulings and to delay discovery in the meantime. But Judge Messitte said the department could follow the typical legal process and appeal when the case is over.

“If the president is permitted to appeal the court’s decisions in piecemeal fashion, ultimate resolution of the case could be delayed significantly, perhaps for years,” he wrote. “That, as a matter of justice, cannot be countenanced.”

The judge also dismissed the president’s argument that discovery would be unduly burdensome, noting that Mr. Trump had threatened to sue his former campaign chief and others. “The president himself appears to have had little reluctance to pursue personal litigation despite the supposed distractions it imposes upon his office,” he wrote...