FEDERAL JUDGE ALLOWS EMOLUMENTS CASE AGAINST TRUMP TO PROCEED

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calibob

Sinner saved by grace
May 29, 2018
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Anaheim, Cali.
#1
About 11:15 est today WAPO reported that the lawsuit against TRUMP for taking money from forign gov. for his Washington DC real estate holdings will be allowed to proceed.
 

calibob

Sinner saved by grace
May 29, 2018
8,268
5,510
113
Anaheim, Cali.
#2
CORRECTION, 11:15 CST
About 11:15 est today WAPO reported that the lawsuit against TRUMP for taking money from forign gov. for his Washington DC real estate holdings will be allowed to proceed.
 

OstrichSmiling

Well-known member
Jun 17, 2018
1,027
418
83
#4
Liberal slanted jurists are a bane to the system. God is with Trump.
Nothing changed in this from the time when this nonsense was dismissed in the USD.

Background: Emolument: a salary, fee, or profit from employment or office:

Constitution Article 1 Section 9 Clause 8

Text. As explained, the Constitution’s Foreign Emoluments Clause (also known as the Emoluments Clause, Gifts Clause, Foreign Gifts Clause, and Foreign Titles Clause) was modeled on its Articles of Confederation predecessor. The original Articles of Confederation provision provided:

[N]or shall any person holding any office of profit or trust under the United States, or any of them, accept any present, emolument, office or title of any kind whatever from any King, Prince or foreign State.

Whereas the Constitution’s Foreign Emoluments Clause now provides:

[N]o Person holding any Office of Profit or Trust under them [i.e., the United States], 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.

Thus, the modern Foreign Emoluments Clause’s text departed from its Confederation-era predecessor in two distinct ways. First, the modern Foreign Emoluments Clause, unlike its predecessor, expressly permitted Officers . . . under the United States to accept gifts from foreign governments if those officers had the consent of Congress. Some believe that this subclause introduced a substantive change, but others believe that it merely codified the prior practice of the Articles Congress.

Second, the Articles of Confederation provision applied both to Offices of profit or trust under the United States and also to Offices of profit or trust under . . . any . . . State, whereas the Constitution’s Foreign Emoluments Clause only applies to Offices of Profit or Trust under them, i.e., under the United States. The prevailing view is that the modern Foreign Emoluments Clause, unlike its Articles predecessor, does not reach state positions. Thus, some would argue that the modern Foreign Emoluments Clause has a somewhat more limited bite or scope than its Confederation-era predecessor.



  • Judge dismisses suits claiming Trump violated emoluments clause
A federal court says challengers lack standing, but also declares the issue is best left to Congress. 12/21/17

"U.S. District Court Judge George Daniels ruled that the two suits were fatally flawed because the plaintiffs failed to show injury directly related to the use of Trump’s properties by foreign officials and governments.


Daniels, who sits in Manhattan and is an appointee of President Bill Clinton, also said the issue was one that Congress should police, not the courts." Politico - known for liberal bias of all things.


All three of the lawsuits filed against Trump alleging emoluments violations face uphill battles in court.
by Jessica Levinson / Jan.07.2018 /
 

calibob

Sinner saved by grace
May 29, 2018
8,268
5,510
113
Anaheim, Cali.
#5
Liberal slanted jurists are a bane to the system. God is with Trump.
Nothing changed in this from the time when this nonsense was dismissed in the USD.

Background: Emolument: a salary, fee, or profit from employment or office:
Constitution Article 1 Section 9 Clause 8
Text. As explained, the Constitution’s Foreign Emoluments Clause (also known as the Emoluments Clause, Gifts Clause, Foreign Gifts Clause, and Foreign Titles Clause) was modeled on its Articles of Confederation predecessor. The original Articles of Confederation provision provided:

[N]or shall any person holding any office of profit or trust under the United States, or any of them, accept any present, emolument, office or title of any kind whatever from any King, Prince or foreign State.

Whereas the Constitution’s Foreign Emoluments Clause now provides:

[N]o Person holding any Office of Profit or Trust under them [i.e., the United States], 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.

Thus, the modern Foreign Emoluments Clause’s text departed from its Confederation-era predecessor in two distinct ways. First, the modern Foreign Emoluments Clause, unlike its predecessor, expressly permitted Officers . . . under the United States to accept gifts from foreign governments if those officers had the consent of Congress. Some believe that this subclause introduced a substantive change, but others believe that it merely codified the prior practice of the Articles Congress.

Second, the Articles of Confederation provision applied both to Offices of profit or trust under the United States and also to Offices of profit or trust under . . . any . . . State, whereas the Constitution’s Foreign Emoluments Clause only applies to Offices of Profit or Trust under them, i.e., under the United States. The prevailing view is that the modern Foreign Emoluments Clause, unlike its Articles predecessor, does not reach state positions. Thus, some would argue that the modern Foreign Emoluments Clause has a somewhat more limited bite or scope than its Confederation-era predecessor.


  • Judge dismisses suits claiming Trump violated emoluments clause
A federal court says challengers lack standing, but also declares the issue is best left to Congress. 12/21/17

"U.S. District Court Judge George Daniels ruled that the two suits were fatally flawed because the plaintiffs failed to show injury directly related to the use of Trump’s properties by foreign officials and governments.


Daniels, who sits in Manhattan and is an appointee of President Bill Clinton, also said the issue was one that Congress should police, not the courts." Politico - known for liberal bias of all things.


All three of the lawsuits filed against Trump alleging emoluments violations face uphill battles in court.
by Jessica Levinson / Jan.07.2018 /
this was today
 

OstrichSmiling

Well-known member
Jun 17, 2018
1,027
418
83
#6
Yes, I know. That's why the history of a prior lower court pursuit of this issue was posted. A lower court found there was no case. That's the point.
This judge is like unto all the other federal judges in his station who judged other Trump centered issues, like border security and travel bans, is working on behalf of the Left.

This is suppose to distract Trump from the business at hand. It will fail. As it should.
 

zeroturbulence

Senior Member
Aug 2, 2009
24,579
4,268
113
#7
The emoluments clause was meant to prevent officials from accepting gifts from foreign governments. Trump owns a legitimate business and the money he's getting from those foreign governments aren't gifts, they're business transactions.

The news is that the case can now be brought to court.... But it doesn't mean that those bringing the case to court will win.
 

calibob

Sinner saved by grace
May 29, 2018
8,268
5,510
113
Anaheim, Cali.
#8
This an interesting question. Are president supposed to turn their business intrests over to blind trusts as they have traditionaly or continue to make money as though they are still private citizens? The courts will finally have to answer. It's about time too.