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A federal judge rejected President Donald Trump's latest request to defer a lawsuit alleging that he had been conducting business with foreign governments while he was in office, in violation of the Constitution.
On Friday, the US District Court of Maryland, Judge Peter Messitte, dismissed the Trump administration's efforts to prevent the discovery process in the case, reported The Hill.
The plaintiffs, Washington DC and Maryland, are looking for financial documents to determine if Trump has any conflicts of interest with foreign executives spending money at Trump International Hotel in Washington, according to the newspaper. The New York Times.
According to the Associated Press, the expenses of foreign officials at the hotel constitute a violation of the provisions of the Constitution relating to emoluments.
Complainants are expected to ask for documents stating who stayed at the hotel and went to the White House for official purposes. "In the end, they could try to attack the president's tax returns," The New York Times reported.
The Ministry of Justice has stated that income from commercial activities is not an emolument.
DOJ lawyers also argued that the trial could distract Trump's attention from "the performance of his constitutional duties" and that the discovery of a sitting president raises concerns about the separation of powers. They further indicated that they did not want a "constitutional confrontation" between the executive and the judiciary.
The Ministry had asked to appeal previous decisions on the case and to delay the discovery process.
Messitte had previously ruled that the emoluments clauses should be seen as a general guarantee against corruption, allowing local governments to sue the president.
The judge's decision contained harsh language criticizing Trump's argument.
"It is clear that the President, dissatisfied with the reasoning and the conclusion of the court, only reaffirms that his interpretation of the clauses relating to the emoluments should apply in place of that given by the court," he said. Messitte. "The court does not see the reason to recall the reason why it concluded as it did."
He also noted that "the president himself seems to have had little reluctance to pursue personal prosecutions despite the supposed distractions that this imposes on his office".
DC Attorney General Karl Racine hailed this decision as a major victory. "Our next step is to make a discovery.We will soon provide the court with a new timetable to begin the process of obtaining information on the benefits drawn by President Trump from the presidency," Racine said. .
Justice Ministry spokeswoman Kelly Laco said the department "did not agree with and was disappointed" by Friday's decision. "This case, which should have been filed, raises important issues that deserve immediate consideration on appeal," said Laco.
In its notice, parties were asked to set a deadline for legal discovery within 20 days.
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