Attorneys general for the District of Columbia and the state of Maryland say they will file a lawsuit on June 12 against President Trump, alleging breach of constitutional oath . The suit centers on the fact that Trump chose to retain ownership of his company when he became president.
Robert Reich’s response is “Kudos to the attorneys general for the District of Columbia and the state of Maryland, who tomorrow will file a lawsuit against Trump, charging him with violating the anti-bribery provision in the Constitution (the so-called “emoluments” clause) by accepting millions in payments and benefits from foreign governments since becoming president.
“Questions and answers:
“Will the court grant these attorneys general standing to sue? It should, given that Trump’s conflicts of interest harm the citizens of these states. As foreign business shifts to the Trump International Hotel, it’s arguably drawing business away from both the taxypayer-owned D.C. convention center and one in nearby Maryland subsidized by taxpayers.
“What other lawsuits are pending on this issue? Citizens for Responsibility and Ethics in Washington (CREW), a D.C.-based watchdog group, have filed a similar lawsuit, but the attorneys general may have a stronger claim of standing. (Last week, a group of Democratic members of Congress said they also planned to file suit soon.)
“How long will it be until the courts make a final decision? The Justice Department is likely to appeal to the Supreme Court, so this could take a while. But every added bit of legal pressure on Trump is useful.
“What’s the best we can hope for before in the interim? As part of the lawsuit, the two attorneys general will demand copies of Trump’s personal tax returns to gauge the extent of his foreign business dealings. The court could grant this as part of “discovery” (although Trump would appeal this as well).
“Is violation of the anti-bribery (emoluments) clause grounds for impeachment? Yes.”
By Aaron C. Davis
