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Comparison of Claims in Lawsuits alleging violations of the Foreign Emoluments Clause and Domestic Emoluments Clause of the United States Constitution is a breakdown of the complaints made against Donald Trump to identify commonalities traced to primary and secondary sources for a future WikiProject on these lawsuits or related legal issues. Users are free to edit, but I ask for your patience until 7 years ago enforcing Wikipedia is an encyclopedia until we can figure out what of this (if any) can be developed well enough to add to/form Articles.


Lawsuits alleging violations of the Foreign Emoluments Clause of the United States Constitution arising out of Trump's actions as president

Main article: List of lawsuits involving Donald Trump § Lawsuits arising out of Trump's actions as president
  • CREW v. Trump
    • Case in Main
      • Original Complaint[1]
      • First Amended Complaint[2]
      • Second Amended Complaint[3]
      • Amici Briefs[4][5]
      • (Pending) Response
      • Reply to Response
    • Motion to Dismiss
      • For[6]
      • (Pending) Against
      • Rebuttal
    • Timeline
  • D.C. and Maryland v. Trump
    • Case in Main
      • Original Complaint[16]
      • (Pending) Amici Breifs
      • (Pending) Response
      • Reply to Response
    • (Pending) Motion to Dismiss
      • For
      • Against
      • Rebuttal
    • Timeline
  • Blumenthal v. Trump
    • Case in Main
      • Original Complaint[21]
        • OCp36 Summary of argument [22]
        • OC54 Lawyers for Plaintiff[23]
      • (Pending) Amici Breifs
      • (Pending) Response
      • Reply to Response
    • (Pending) Motion to Dismiss
      • For
      • Against
      • Rebuttal
    • Appearances
    • Timeline

Law Citations

Case Law

  • Ysursa v. Pocatello Educ. Ass'n [29][30]

Constitution

Statues

Scholarly Works

Other Authorities

Recent News For Judicial Notice

Claims

Claims of type
CREW v. Trump DC & MD v. Trump Blumenthal v. Trump Claim
Second Amended Complaint Motion to Dismiss Amicus Brief Response Reply Complaint Response Reply Complaint Response Reply
¶1[32] ? ? ? ? ? ? ? ? ? ? Trump's "business interests as vast, complicated, and secret"
¶1 ? ? ? ? ? ? ? ? ? ? Trump's "business interests are creating countless conflicts of interest"
¶1 ? ? ? ? ? ? ? ? ? ? Trump's "business interests are creating ... unprecedented influence by foreign governments"
¶1 ? ? ? ? ? ? ? ? ? ? Trump's "business interests ... result in ... violations of ... the “Foreign Emoluments Clause,”"
¶1 ? ? ? ? ? ? ? ? ? ? Trump's "business interests ... result in ... violations of ... the “Domestic Emoluments Clause,”"
¶2[32] ? ? ? ? ? ? ? ? ? ? Foreign Emoluments Clause requires consent of Congress when accepting foreign presents or emoluments
¶2 ? ? ? ? ? ? ? ? ? ? "Congress has not consented to Defendant’s receipt of the presents or emoluments at issue"
¶3[32] ? ? ? ? ? ? ? ? ? ? Trump's violations of Foreign Emoluments Clause "pose a grave threat to the United States and its citizens"
¶3 ? ? ? ? ? ? ? ? ? ? Text of Foreign Emoluments Clause forbid Trump's behavior
¶3 ? ? ? ? ? ? ? ? ? ? Purpose of Foreign Emoluments Clause forbid Trump's behavior
¶4[35] ? ? ? ? ? ? ? ? ? ? Foreign Emoluments Clause is "a strict prophylactic rule" against historical examples of corruption
¶5[35] ? ? ? ? ? ? ? ? ? ? Domestic Emoluments Clause forbids "any other Emolument" from United States or any of the 50 states

See Also

References

  1. ^ Original Complaint, Docket 1
  2. ^ First Amended Complaint, Docket 22
  3. ^ Second Amended Complaint, Docket 28
  4. ^ Brief for Scholar Seth Barrett Tillman as Amicus Curiae in Support of the Defendant, Docket 37, Attachment 1
  5. ^ Order, Docket 39
  6. ^ Memorandum in support of motion to Dismiss, Docket 35
  7. ^ Eric Lipton; Adam Liptak (January 22, 2017), Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim, Washington, DC, retrieved January 22, 2017{{citation}}: CS1 maint: location missing publisher (link)
  8. ^ Fahrenthold, David A.; O'Connell, Jonathan (January 22, 2017). "Liberal watchdog group sues Trump, alleging he violated constitutional ban". The Washington Post.
  9. ^ David A. Fahrenthold; Jonathan O'Connell (January 23, 2017). "What is the 'Emoluments Clause'? Does it apply to President Trump?". The Washington Post.
  10. ^ "Lawsuit accusing Trump of violating the Constitution just expanded". Reuters. 2017-04-18. Archived from the original on 2017-04-21. {{cite web}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help)
  11. ^ LaFraniere, Sharon (2017-04-18). "Watchdog Group Expands Lawsuit Against Trump". New York Times. Retrieved 2017-06-11.
  12. ^ "CREW v. Trump Adds New Plaintiff" (Press release). Citizens for Responsibility and Ethics in Washington. 2017-05-10. Retrieved 2017-06-10.
  13. ^ LaFraniere, Sharon (2017-06-09). "Justice Dept. Wants Lawsuit Against President Trump Thrown Out". New York Times. Retrieved 2017-06-14.
  14. ^ Geewax, Marilyn (2017-06-09). "Trump Administration Calls For Lawsuit About His Businesses To Be Dismissed". NPR. Retrieved 2017-06-10.
  15. ^ Smith, Allan (2017-06-10). "Justice Department argues it's fine for Trump to take payments from foreign governments, citing George Washington". Business Insider. Retrieved 2017-06-10.
  16. ^ Complaint, Docket 1
  17. ^ Davis, Aaron C.; Tumulty, Karen (2017-06-12). "D.C. and Maryland AGs: Trump 'flagrantly violating' emoluments clause". Washington Post. Retrieved 2017-06-14.
  18. ^ LaFrainere, Sharon (June 12, 2017). "Maryland and D.C. Sue Trump Over His Private Businesses". The New York Times. Retrieved June 12, 2017.
  19. ^ Davis, Aaron C. (June 12, 2017). "D.C. and Maryland sue President Trump, alleging breach of constitutional oath". The Washington Post. Retrieved June 12, 2017.
  20. ^ Gambino, Lauren (June 12, 2017). "'Unprecedented violations': states sue Trump for not separating business ties". The Guardian. Retrieved June 12, 2017.
  21. ^ Complaint, Docket 1
  22. ^ Complaint, Docket 1, p. 36
  23. ^ Complaint, Docket 1, p. 54
  24. ^ Notice of Appearance, Docket 2
  25. ^ Notice of Appearance, Docket 3
  26. ^ Notice of Appearance, Docket 4
  27. ^ "Trump and the Foreign Emoluments Clause" (Press release). Constitutional Accountability Center. Retrieved 2017-06-14.
  28. ^ Bykowicz, Julie (June 14, 2017). "Democrats in Congress are the latest to sue President Trump". Boston Globe. Associated Press. Retrieved June 14, 2017.
  29. ^ Ysursa v. Pocatello Educ. Ass'n, 555 U.S. 353, 362 (2009) (“State political subdivisions are “merely ... department[s] of the State...””)
  30. ^ a b Second Amended Complaint, Docket 28, p. 14
  31. ^ United States Constitution, Article I, Section 9, Clause 8, no person holding any office of profit or trust under [the United States], shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
  32. ^ a b c d e Second Amended Complaint, Docket 28, p. 1
  33. ^ United States Constitution, Article II, Section 1, Clause 7, [The President of the United States] shall not receive within [the Period for which he shall have been elected] any other Emolument from the United States, or any of them.
  34. ^ Norman L. Eisen; Richard Painter; Laurence H. Tribe (Dec 16, 2016). "The Emoluments Clause: Its Text, Meaning, and Application to Donald J. Trump".
  35. ^ a b c d Second Amended Complaint, Docket 28, p. 2
  36. ^ Articles of Confederation, Article 6, Section 1, nor shall any person holding any office of profit or trust under the United States, or any of them, accept any present, emolument, office or title of any kind whatever from any King, Prince or foreign State
  37. ^ Second Amended Complaint, Docket 28, p. 11
  38. ^ Max Farrand, ed. (1911). The Records of the Federal Convention of 1787. Vol. 2. New Haven: Yale University Press. 389. [Foreign Emoluments Clause was added at request of Charles Pinckney who] urged the necessity of preserving foreign Ministers & other officers of the U. S. independent of external influence.
  39. ^ a b Second Amended Complaint, Docket 28, p. 12
  40. ^ Max Farrand, ed. (1911). The Records of the Federal Convention of 1787. Vol. 3. New Haven: Yale University Press. 327. [Edmund Jennings Randolph believed it] was thought proper, in order to exclude corruption and foreign influence, to prohibit any one in office from receiving or holding any emoluments from foreign states
  41. ^ Hamilton, Alexander (May 28, 1788), "The Judiciary Department", The Federalist, no. 78, [According to Article II, Section 1, Clause 7, Congress and the states] can neither weaken [the President's] fortitude by operating on his necessities, nor corrupt his integrity by appealing to his avarice.
  42. ^ Second Amended Complaint, Docket 28, p. 3
  43. ^ "Major James D. Dunn, B-251084", Comptroller General, *3, Oct 12, 1993, Foreign governmental influence can just as readily occur whether a member is employed by local government within a foreign country or by the national government of the country. For this reason, we believe that the term 'foreign State' should be interpreted to include local governmental units within a foreign country as well as the national government itself.
  44. ^ a b c Second Amended Complaint, Docket 28, p. 13
  45. ^ "Applicability of Emoluments Clause to Employment of Government Employees by Foreign Public Universities" (PDF), Opinions of the Office of Legal Counsel, vol. 18, pp. 13–22, 1994, Those who hold offices under the United States must give the government their unclouded judgment and their uncompromised loyalty. That judgment might be biased, and that loyalty divided, if they received financial benefits from a foreign government.
  46. ^ "Applicability of the Emoluments Clause and the Foreign Gifts and Decorations Act to the President's Receipt of the Nobel Peace Prize" (PDF), Opinions of the Office of Legal Counsel, vol. 33, 7, 2009
  47. ^ "Applicability of the Emoluments Clause and the Foreign Gifts and Decorations Act to the President's Receipt of the Nobel Peace Prize" (PDF), Opinions of the Office of Legal Counsel, vol. 33, 8, 2009
  48. ^ Marilyn Geewax; Maria Hollenhorst (Dec 5, 2016), Trump’s Businesses And Potential Conflicts: Sorting It Out, NPR, 7:00 AM
  49. ^ U.S. Office of Government Ethics (May 16, 2016), Donald J. Trump 2016 Executive Branch Personnel Public Financial Disclosure Report (PDF)
  50. ^ a b c Second Amended Complaint, Docket 28, p. 15
  51. ^ "Donald Trump's News Conference: Full Transcript and Video", N.Y. Times, Jan 11, 2017
  52. ^ David Kravitz; Al Shaw (Apr 4, 2017), Trump Lawyer Confirms President Can Pull Money From His Businesses Whenever He Wants, ProPublica, 5:53 PM
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