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Jacquelyn Martin / AP
About 200 Democrats in the House and Senate have obtained the approval of a judge to begin their anti-corruption action against President Trump.
US District Judge Emmet Sullivan in Washington, DC, said lawmakers have the right to sue Trump. They allege that it violates the foreign emoluments clause of the Constitution, as its hotels and other establishments around the world benefit from foreign government spending and favors.
Justice Department lawyers, representing Trump, said that only the Congress, and not its individual members, could deal with the emoluments clause.
The foreign emoluments clause prohibits US officials from accepting gifts or payments from foreign governments without Congressional approval. This is a noticeable problem as some foreign dignitaries pay to stay at the Trump Hotel during an official visit to the White House.
Trump began his presidency by choosing, unlike other presidents of recent decades, to retain the ownership of his business. He did not seek congressional consent under the foreign emoluments clause and the Republican-controlled House and Senate did not ask him the question.
The Justice Department said in court that Trump did not have to ask, that Congress could act alone. The plaintiffs said they needed a court order to uphold the Constitution by Trump.
The lawmakers are the second group of plaintiffs to win a case of emoluments against Trump.
A federal Maryland judge in July authorized the District Attorneys General of Columbia and Maryland to sue the hotel near the White House, citing both domestic and foreign emoluments. At present, Attorneys General are looking for documents from the White House and the Trump Organization at the pre-trial discovery stage.
In a third case, a monitoring group, Citizens for Liability and Ethics in Washington, and hotel industry complainants were denied standing before a federal judge in New York. CREW appealed.
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