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WASHINGTON – Congressional Democrats on Friday raised a major hurdle in their efforts to prosecute President Trump over illegally taking advantage of business with foreign governments, which could give legislators access to the organization's finances Trump.
Judge Emmet G. Sullivan of the US District Court in Washington ruled that lawmakers had the right to sue Trump for accepting payments and other benefits from foreign governments without Congressional approval , which would violate the clause of the Constitution that prohibits federal officials from accepting gifts or emoluments from foreign powers without congressional approval.
Sullivan J. rejected the Department of Justice's contention that Parliament lacked locus standi and dismissed his request to dismiss the lawsuit.
"The court considers that the plaintiffs have the right to sue the president for alleged violation of the foreign emoluments clause," wrote Judge Sullivan. Mr. Trump "neither asked for their consent nor provided information on the prohibited foreign emoluments that he would have already accepted".
The case brought by the Democrats is broader than a second trial that accuses Mr. Trump of illegally benefiting from foreign powers and that could potentially go further in the finances of the Trump Organization.
Justice Sullivan said he would later decide whether Mr. Trump was violating the Constitution clause.
"As we have explained, we believe the case should be dropped and we will continue to defend the president in court," said Justice Department spokeswoman Kelly Laco.
This decision was a step forward in making Congress "responsible for holding the president accountable," said Senator Richard Blumenthal of Connecticut, who initially initiated the lawsuit with New York representative Jerrold Nadler. Nearly 200 Democrats joined them.
Mr. Blumenthal said the president had violated the clause by collecting Chinese trademarks, foreign government rents on his real estate properties around the world, and government approvals for his business transactions. He also suggested that Trump's companies have collected payments and benefits unknown to Congress.
If Sullivan J. finds that Mr. Trump has violated the emoluments clause, congressional Democrats may request information during the disclosure phase of the complaint regarding any foreign benefit related to his international business transactions, including payments. , trademarks, intellectual property and regulatory benefits.
"We can consult his books and his tax returns to determine which emoluments he has accepted," Nadler said. If evidence of financial fraud was discovered during the interrogation, Mr. Nadler said the information would be made public and forwarded to law enforcement officials.
"This gives Congress the opportunity to invoke our right to Congress to make sure that the president is loyal to the United States and not to his own wallet," Nadler said.
Justice Sullivan also said that the courts should intervene because Mr. Trump would not voluntarily allow Congress to exercise its constitutional right to control payments it receives from foreign governments.
As part of the other emoluments trial, a Maryland federal judge ruled that the Attorneys General of Maryland and the District of Columbia could sue the presiding judge.
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