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News & Current Events Discuss Appeals court tosses Democrats' emoluments lawsuit against Trump at the General Forum; https://www.cnn.com/2020/02/07/polit...ump/index.html Appeals court tosses Democrats' emoluments lawsuit against Trump By Katelyn Polantz, CNN Updated 10:56 AM ET, Fri February 7, ...

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Old 02-07-2020, 10:34 AM
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Default Appeals court tosses Democrats' emoluments lawsuit against Trump

https://www.cnn.com/2020/02/07/polit...ump/index.html

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Appeals court tosses Democrats' emoluments lawsuit against Trump


By Katelyn Polantz, CNN

Updated 10:56 AM ET, Fri February 7, 2020

Washington (CNN)A federal appeals court on Friday dismissed a lawsuit by congressional Democrats alleging President Donald Trump violated the emoluments clause of the Constitution by refusing to allow lawmakers to review and approve his financial interests.

The ruling is a major triumph for the President, who's intensely sought to keep his business affairs in private, just days after the Republican-held Senate voted to acquit him on impeachment charges for abuse of power and obstruction of Congress. The case's dismissal effectively kneecaps one of several attempts Democrats have made to dig up more information about Trump's business holdings.

Before Friday's ruling the lawsuit was paused just as Democrats began subpoenaing the Trump Organization.

This emoluments case was one of three ongoing constitutional challenges to Trump and his business, alleging that the President is violating the anti-corruption emoluments clause. Two other emoluments cases attack Trump for his alleged competitive advantage at the Trump-branded real estate empire. Those cases are still moving through the court system.

The three-judge panel -- Judges Karen Henderson, David Tatel and Thomas Griffith -- was in unanimous agreement, saying the Democratic lawmakers lack the standing to challenge the President, the US Court of Appeals for the District of Columbia Circuit ruled.

The Democrats' "claim is based entirely on the loss of political power," the appellate panel wrote in the opinion. "Our conclusion is straightforward because the Members -- 29 Senators and 186 Members of the House of Representatives -- do not constitute a majority of either body and are, therefore, powerless to approve or deny the President's acceptance of foreign emoluments."


The Democrats originally filed the lawsuit in 2017, before the party held power in the House of Representatives.

"The Members can, and likely will, continue to use their weighty voices to make their case to the American people, their colleagues in the Congress and the President himself, all of whom are free to engage that argument as they see fit," the ruling states. "But we will not -- indeed we cannot -- participate in this debate. The Constitution permits the Judiciary to speak only in the context of an Article III case or controversy and this lawsuit presents neither."

The DC Circuit's ruling could face additional appeals, including to the Supreme Court.


More good news for our President.
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Old 02-07-2020, 10:43 AM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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Politicians DO NOT want anyone looking into their financial records and business dealings while in office. That would affect both sides.
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Old 02-07-2020, 11:02 AM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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Politicians DO NOT want anyone looking into their financial records and business dealings while in office. That would affect both sides.
So, if a president is engaged in financial fraud or illegal financial dealings, we shouldn’t allow anyone to investigate that?
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Old 02-07-2020, 11:27 AM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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So, if a president is engaged in financial fraud or illegal financial dealings, we shouldn’t allow anyone to investigate that?
I don't think that is what it means. We know by the last 4 years the POTUS can be investigated and spied on for anything, even if it is a barroom story.

I think all 3 branches of government should be treated the same.
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Old 02-07-2020, 11:39 AM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

By the way, this suit was dismissed for lack of standing. The plaintiffs in another emoluments suit (CREW, Citizens for Responsibility and Ethics in Washington) have been found by the Second Circuit to have standing to sue. That case is going forward, so this is, at best, a Pyrrhic victory for Trump.
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Old 02-07-2020, 11:42 AM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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So, if a president is engaged in financial fraud or illegal financial dealings, we shouldn’t allow anyone to investigate that?
Well counselor, are you saying that anyone should have to give up their Fourth Amendment rights just because someone accuses them of probably having done something while presenting no evidence of any violations? If the local authorities did that to you or I, I would hope that any lawyer competent enough to pass the State Bar should be able to put up an adequate defense against such tyrannical behavior.

But perhaps you are will do suspend rights for those with whom the majority disagrees? What kind of lawyer are you?
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Old 02-07-2020, 12:49 PM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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Well counselor, are you saying that anyone should have to give up their Fourth Amendment rights just because someone accuses them of probably having done something while presenting no evidence of any violations? If the local authorities did that to you or I, I would hope that any lawyer competent enough to pass the State Bar should be able to put up an adequate defense against such tyrannical behavior.

But perhaps you are will do suspend rights for those with whom the majority disagrees? What kind of lawyer are you?
One who recognizes a load of bullshlt when I read it, as I just did.
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Old 02-07-2020, 12:51 PM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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One who recognizes a load of bullshlt when I read it, as I just did.
That sounds like a well reasoned and logical response to an honest question.

If you truly are an attorney, I sincerely hope you keep your malpractice insurance up to date, you're going to need it.
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Old 02-07-2020, 01:02 PM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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That sounds like a well reasoned and logical response to an honest question.

If you truly are an attorney, I sincerely hope you keep your malpractice insurance up to date, you're going to need it.
It’s funny that you think I would care enough to seriously rebut nonsense like your prior post. The bottom line is that your claim that there’s “no evidence of any violations” is simply false, so your entire argument is worthless.
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Old 02-07-2020, 01:21 PM
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Default Re: Appeals court tosses Democrats' emoluments lawsuit against Trump

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It’s funny that you think I would care enough to seriously rebut nonsense like your prior post. The bottom line is that your claim that there’s “no evidence of any violations” is simply false, so your entire argument is worthless.
And yet again, you make baseless statements. Perhaps you could share with the rest of us this compelling evidence sufficient enough to obtain a warrant for Trumps personal records.
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