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News & Current Events Discuss Trump faces lawsuit for violating Constitution two days after taking oath at the General Forum; Turns out, he’s not supposed to use his office to enrich himself. An all-star team of lawyers, including two leading ...

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Old 01-22-2017, 11:44 PM
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Default Trump faces lawsuit for violating Constitution two days after taking oath

Turns out, he’s not supposed to use his office to enrich himself.

An all-star team of lawyers, including two leading experts on presidential ethics and two of the most prominent constitutional scholars in the nation, will file a lawsuit on Monday challenging President Trump’s ongoing violation of an anti-corruption provision in the Constitution.

The suit alleges that Trump is in violation of the Emoluments Clause, which prohibits federal office holders from receiving “any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”

Trump’s company, the Trump Organization, does regular business with foreign governments, presenting them with an opportunity to launder unconstitutional gifts to the president. A bank controlled by the Chinese government, for example, rents office space in Trump Tower. And the Embassy of Kuwait reportedly moved an event from the Four Seasons hotel to a hotel owned by Trump “after members of the Trump Organization pressured the ambassador to hold the event at the hotel owned by the president-elect.”

Although Trump announced at a press conference prior to his inauguration that he would take some steps to insulate himself from his company, Norm Eisen, former chief ethics counsel to President Obama and Richard Painter, who held the same job under President George W. Bush, released a statement saying that these steps are insufficient.

Mr. Trump did not make a clean break with his business ownership interests as his predecessors for four decades have done; did not establish a blind trust or the equivalent as bipartisan experts and OGE called for; entrusted trust responsibility in his family and a current employee, rather than in an independent trustee; did not screen all “emoluments …of any kind whatever,” as required by the constitution, but only some revenues, and only from his hotels; and offered an inadequate and scantily-detailed ethics wall.

Eisen and Painter are both counsel on the lawsuit, which will be filed by the advocacy group Citizens for Responsibility and Ethics in Washington. They are joined by a bevy of famous lawyers, including Harvard Professor Laurence Tribe and University of California, Irvine Dean Erwin Chemerinsky. Tribe and Chemerinsky have arguably done more to shape how the Constitution is taught to law students then any other legal scholars. They are the authors of rival treatises which are widely read by lawyers-to-be hoping to pass their Con Law exam.

Though CREW’s lawsuit presents a very strong case that Trump is violating the Constitution, the biggest obstacle facing this suit is likely to be a jurisdictional problem. In order to bring a lawsuit in federal court, a party must show that they have been injured in some way by the defendant — a requirement known as “standing.” Such an injury, moreover, cannot be rooted in a “generalized grievance” shared by the nation at large, but must be particular to the party filing the suit.

CREW claims that it has standing to bring this suit because it had “to divert resources from other work to monitor and respond to Mr. Trump’s activities,” according to a New York Times report on their lawsuit. They cite a 1982 Supreme Court decision, which held that a civil rights organization that sent African American “testers” to see whether landlords and home sellers were in compliance with federal housing law had standing to bring a lawsuit under a similar theory.

That 1982 case, however, was followed by other Supreme Court decisions urging courts to exercise more caution when considering whether a party has standing. In its seminal decision in Lujan v. Defenders of Wildlife, for example, the Court explained that “there must be a causal connection between the injury and the conduct complained of.” It is likely that the conservative Roberts Court will be skeptical of CREW’s theory of standing, as it could easily conclude that CREW’s own decisions regarding how to divert its resources were the cause of its injury, not Trump’s unconstitutional actions.

If CREW’s case ultimately fails on standing grounds, that does not necessarily mean that no lawsuit can prevail. As the Times notes, the ACLU “hopes to find a hotel or bed-and-breakfast that might compete against a Trump hotel as a party that might have standing to sue.” A rival business which actually loses money because of Trump’s unconstitutional actions would have a much stronger theory of standing than CREW.

The ACLU’s theory, however, will require it to find a business willing to challenge a notoriously vindictive rival who is now armed with the full power of the United States of America’s executive branch. It may prove difficult to find such a business.

For this reason, the only entity that may truly be able to force Trump to follow the Constitution is Congress, which can impeach the president.

https://thinkprogress.org/trump-face...3dd#.jvii5wovw
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Old 01-23-2017, 07:18 AM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

I find it ironic that these Democrats who call them selves lawyers are trying to sue Trump for EXACTLY the same thing that Hillary Clinton was doing with the Clinton foundation...

But it is OK when the Democratic Clintons do it.

The worthless Democrats are pretty hard up for anything. They are out numbered surrounded and yet they double down on stupid..

No matter, all across America today they are becoming irrelevant politically. It will take them decades to recover from the beating they have taken on the last 2 elections. The lying media is not going to be able to lie it's way out of the lies told to the American people.

We are not going down the path the Democrats wish us to take. The new DOJ will not let the left do much politically. Republicans have a pay back to give the left. They will not prosecute Republicans, just like the Obama DOJ would not to Democrats while Obama was in office. Pay back time!

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Old 01-23-2017, 07:22 AM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

Only in Left wing La La land is renting a hotel room or office space as an arms length transaction for fair market value considered unconstitutional. Oh but that's not the best part, the so-called injury to the lawyers filing the suit are that they could have spent their time navel gazing or some other worthy pursuit.

Obama's rampant unconstitutional power grabs like DACA, no standing to sue but renting a hotel room, well that is tatamount to treason.
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Old 01-23-2017, 08:15 AM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

Trump willingly chose to not divest himself of probable conflicts of interest and the concomitant ethics violations.

Certainly, drag his ass into court.
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Old 01-23-2017, 08:21 AM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

It wouldn't be surprising to see lawsuits and counter suits for years to come, over everything. The ACLU has a 7 pt. Plan of Action. There are still unresolved court battles brought by Judicial Watch and others. The First Lady is pressing a libel suit against a 70 year old guy named Tarpley and a British tabloid for fake news stories. I wouldn't be surprised to see the MSM networks being taken to task in this inevitable legal orgy.
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Old 01-23-2017, 08:36 AM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

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Originally Posted by Senior View Post
Trump willingly chose to not divest himself of probable conflicts of interest and the concomitant ethics violations.

Certainly, drag his ass into court.

And watch the DOJ stop it cold.

The left has lost that one.

Regards, Kirk
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Old 01-23-2017, 09:38 AM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

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Originally Posted by 300 H and H View Post
And watch the DOJ stop it cold.

The left has lost that one.

Regards, Kirk
In your vapid analysis, you seems to have lost track of the fact the DOJ does not control outside lawsuits against them or any other government entity.
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Old 01-23-2017, 02:23 PM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

Lol, what a crock, this stupid, phony lawsuit is going nowhere, just you wait and see.
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Old 01-23-2017, 03:58 PM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

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Lol, what a crock, this stupid, phony lawsuit is going nowhere, just you wait and see.
Its not a phony lawsuit, the Constitution is clear. Trump is in violation. And this wont be the last one.
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Old 01-24-2017, 08:54 AM
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Default Re: Trump faces lawsuit for violating Constitution two days after taking oath

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Its not a phony lawsuit, the Constitution is clear. Trump is in violation. And this wont be the last one.
It's actually written in part by a Constitutional Scholar who quite literally wrote the book on Constitutional law...

But leave it to the minions. They hate experts. And facts. And reason. And the law. And... Just anything that doesn't support their ultimately destructive agenda.
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