Skip to content
Search AI Powered

Latest Stories

Judge Just Ruled That Lawsuit Against Donald Trump for Profiting Off the Presidency Can Move Forward, and He Cited One of Trump's Own Tweets in Ruling

Judge Just Ruled That Lawsuit Against Donald Trump for Profiting Off the Presidency Can Move Forward, and He Cited One of Trump's Own Tweets in Ruling
WASHINGTON, D.C. - OCTOBER 19: (AFP-OUT) President Donald Trump speaks to the media during a meeting with Governor Ricardo Rossello of Puerto Rico in the Oval Office at the White House on October 19, 2017 in Washington, D.C. Trump and Rossello spoke about the continuing recovery efforts following Hurricane Maria. (Photo by Kevin Dietsch-Pool/Getty Images)

Whoops!

U.S. District Judge Peter Messitte ruled that a landmark lawsuit against President Donald Trump can proceed. The lawsuit, filed by the attorneys general of Maryland and Washington, D.C.,  accuses the president of violating the emoluments clause of the Constitution, which bars U.S. officials, elected or appointed, from accepting gifts or payments from foreign entities without receiving congressional approval.

Although the Justice Department argued that the lawsuit should be dismissed because it would be too much of a “distraction” for Trump while he runs the country, Messite noted that the “president himself appears to have had little reluctance to pursue personal litigation despite the supposed distractions it imposes upon his office.”


He cited one of the president's tweets, issued in August, in which he challenged former CIA Director John Brennan––one of his more prominent critics––to sue him.

He also pointed out that Trump has had no qualms about going to court over issues related to the publication of tell-all books by reporter Michael Wolff and adult film actress Stormy Daniels, or his sparring with former White House strategist Steve Bannon:

It bears noting that the President himself appears to have had little reluctance to pursue personal litigation despite the supposed distractions it imposes upon his office. See, e.g., Order, Cohen v. United States, No. 18-3161 (S.D.N.Y. Apr. 13, 2018) (granting the President’s motion to intervene in litigation); see also, e.g., Michael D. Shear & Eileen Sullivan, Trump and Giuliani Taunt Brennan About Filing a Lawsuit, N.Y. Times, Aug. 20, 2018 (President inviting lawsuit against himself), https://nyti.ms/2Mwj3De; Letter from Charles H. Harder to Steve Rubin & Michael Wolff (Jan. 4, 2018) (providing notice of potential legal action in connection with allegedly defamatory statements made Case 8:17-cv-01596-PJM Document 135 Filed 11/02/18 Page 29 of 31 -30- in upcoming publication), goo.gl/hwVLTZ; Steve Holland & Doina Chiacu, Trump targets book, threatens ex-ally Bannon with legal action, Reuters (Jan. 3, 2018) (reporting on cease-and-desist letter sent to Stephen K. Bannon and stating that President Trump’s attorney Charles Harder “told Reuters that ‘legal action is imminent’ against Bannon”), https://reut.rs/2NhQCJG; Sarah Fitzpatrick & Tracy Connor, Trump tries to move Stormy Daniels lawsuit to federal court, claims she owes him $20 million, NBC News, March 16, 2018 (President’s lawyer, with the consent of the President, files a notice of removal in lawsuit by Stephanie Clifford), https://goo.gl/E5zo9N.

Messite adds that "the most the President can say is that if he is required to respond to civil discovery, he would be ill-served":

But as Plaintiffs point out, most of what they seek is discovery from third parties, e.g., the Trump International Hotel, which would seem unlikely to impose any meaningful burden on the President individually. See Report of Rule 26(f) Planning Meeting (Sept. 14, Case 8:17-cv-01596-PJM Document 135 Filed 11/02/18 Page 28 of 31 -29- 2018), ECF No. 132. And, of course, “mere injuries, however substantial, in terms of money, time, and energy necessarily expended in the absence of a stay, are not enough.” Long v. Robinson, 432 F.2d 977, 980 (4th Cir. 1970) (internal quotation omitted). The President’s argument that he would be distracted would seem to apply to any litigant who has been sued. Yet Presidents have unquestionably responded to court orders, as in this case, and have also had extensive interactions with the court system.

The suit contends that Trump is profiting from his Trump International Hotel in D.C. and that foreign leaders have leveraged bookings and parties at the space to curry favor with the president. Trump’s “apparent receipt of benefits from at least some foreign and state governments ... suggest that he has received ‘emoluments’ in violation of the Constitution,” Messite wrote, noting that foreign governments have “have explicitly stated that they are patronizing the Trump International Hotel precisely because the President, in effect, owns it."

Moreover, Messite wrote, it “appears likely” in some cases that “payments to his hotel are being made with an expectation of favorable treatment by the President in matters of foreign policy.”

The news is considered a blow to the president, who is counting on Republicans to maintain their majority in today's midterm elections.

The legal watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a federal lawsuit in the Southern District of New York shortly after Trump's inauguration in January 2017. The group accused Trump of violating the Constitution by allowing his businesses to accept payments from foreign governments.

“The foreign emoluments clause of the Constitution prohibits Trump from receiving anything of value from foreign governments, including foreign government-owned businesses, without the approval of Congress,” CREW said in a press release, adding that its lawsuit requests the court to issue a judgment defining elements of the Foreign Emoluments Clause that the new president’s interests do or will violate, and an injunction forbidding him from accepting such payments.

Trump has refused to divest his businesses, the group continued, pointing out that Trump “is now getting cash and favors from foreign governments, through guests and events at his hotels, leases in his buildings, and valuable real estate deals abroad.” Moreover, his “acceptance of any benefits” from governments he does business with––China, India, Indonesia, and the Philippines among them––directly violate the Constitution.

“As a direct result of [Trump]’s purposeful refusal to acknowledge that he is submerged in conflicts of interest and his purposeful refusal to take precautions necessary to avoid those conflicts,” the lawsuit alleges, “[he] is now committing and is poised to continue to commit many violations of the Foreign Emoluments Clause — some documented, and others not yet apparent due to the complex and secretive nature of [Trump]’s business holdings — during the opening moments of his presidency and continually thereafter.”

In addition to investments or planned business dealings in 10 foreign countries, CREW’s lawsuit mentions the leases held by the Industrial and Commercial Bank of China and the Abu Dhabi Tourism & Culture Authority at Trump Tower in New York and foreign diplomats’ stays and foreign embassies’ events at Washington’s Trump International Hotel. Merely processing the suit could prove embarrassing for the president and his administration, particularly if the lawsuit successfully extracts details from the private files of the Trump Organization.

More from People/donald-trump

Savannah Guthrie
NBC News

Savannah Guthrie's Brother Leaves Fans Stunned With His Reaction To Her Fear That She Caused Their Mom's Disappearance

On the Thursday, March 26, broadcast of the Today show, Hoda Kotb interviewed host Savannah Guthrie about her 84-year-old mother, Nancy Guthrie, who disappeared from her home in Tucson, Arizona, in the early hours of February 1, 2026.

Nancy Guthrie was last seen on the night of January 31. Surveillance footage then showed a masked individual disconnecting her home security camera around 1:47 am.

Keep ReadingShow less
Men from TMZ video; Ted Cruz in airport
TMZ; MEGA/GC/Getty Images

TMZ Is Actually Being Praised After Asking People To Send Them Photos Of Lawmakers On Vacation

TMZ has for years generated controversy and attracted derision for its story gathering tactics, but it's actually earning a little bit of goodwill after asking people to submit photos of members of Congress on vacation during Easter break as the partial government shutdown reaches historic lengths.

Last week, President Donald Trump announced that he would deploy ICE agents to U.S. airports amid a partial government shutdown that has caused exceptionally long delays at TSA lines nationwide.

Keep ReadingShow less
Screenshot of Charles Barkley; Donald Trump
CBS; Chip Somodevilla/Getty Images

Charles Barkley Sounds Off On Trump's Immigration Crackdown 'Disgrace' During March Madness Rant

Former NBA star turned sports analyst Charles Barkley condemned President Donald Trump's "disgrace" of an immigration crackdown in remarks on CBS on Sunday, lamenting the fates "amazing immigrants" who have been terrorized by the federal government.

Barkley pivoted to discussing immigration after CBS ran a feature on University of Connecticut star Alex Karaban, whose parents are immigrants from Eastern Europe.

Keep ReadingShow less
Gavin Newsom; Donald Trump
Steve Jennings/Getty Images; Chip Somodevilla/Getty Images

Gavin Newsom Rips Trump After Report Reveals Massive Amount Taxpayers Have Spent For Trump To Go Golfing

President Donald Trump's trips to his golf courses have cost taxpayers a fortune in his second term, prompting California Governor Gavin Newsom to criticize him for the massive tab in a post on X.

Trump’s golf outings have cost taxpayers at least $101.2 million in travel and security expenses since he returned to office. That total is about two-thirds of what his golf trips cost during his entire first term and puts him on pace to spend roughly $300 million by the end of his second term.

Keep ReadingShow less
Joe Rogan; JD Vance
The Joe Rogan Experience; Heather Diehl/Getty Images

JD Vance Weakly Claps Back After Joe Rogan Says MAGA Is Filled With A 'Bunch Of F—king Dorks'

Former actor, comedian, and Fear Factor host turned podcaster Joe Rogan has spent years profiting off the conspiracy theorists, Christian nationalists, and White supremacists that make up the MAGA movement.

But lately, Rogan has gone from enabling Republican President Donald Trump and his cronies to criticizing them.

Keep ReadingShow less