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  • Democrats Must Be Scowling, the President Smiling at this Latest Legal Finding

    Daily Surge Summary: A Federal Appeals Court has dismissed a lawsuit against the President for violating the emoluments clause.

    Since ascending to the presidency, Donald Trump has experienced some vindications and suffered some set-backs on the legal front.

    Below, clearly, one of the former (Jack Crowe/National Review):

    A federal appeals court handed President Trump a legal victory Wednesday, dismissing a long-running lawsuit alleging that Trump illegally profits from his official position when foreign dignitaries and diplomats stay at his Washington, D.C. hotel.

    The U.S. Court of Appeals for the Fourth Circuit unanimously – unanimously! That’s meaningful — ruled that the attorney generals of Maryland and the District of Columbia lacked the legal standing to sue regarding allegations that the President and famous hotelier flouted the Constitution’s emolument clause.

    In a the 36-page slap-down, Judge Paul Niemeyer wrote:

    “The District and Maryland’s interest in enforcing the Emoluments Clauses is so attenuated and abstract that their prosecution of this case readily provokes the question of whether this action against the President is an appropriate use of the courts, which were created to resolve real cases and controversies between the parties,”.

    Trump, as anyone with a functioning cerebrum would expect took to Twitter promptly, celebrating the ruling on Twitter. Yes, there as mention of a “witch hunt” …

    Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt. Unanimous decision in my favor from The United States Court of Appeals For The Fourth Circuit on the ridiculous Emoluments Case. I don’t make money, but lose a fortune for the honor of…..

    ….serving and doing a great job as your President (including accepting Zero salary!).

    The Democratic plaintiffs said they’d consider pursuit of a rehearing before a full panel of the Fourth Circuit, perhaps eventually going as far as the nation’s highest court.

    But the pair now face an uphill battle considering Wednesday’s rejection of their argument that Trump’s ownership in the hotel diverts business that would otherwise go to other comparable local establishments.

    “There is a distinct possibility — which was completely ignored by the District and Maryland, as well as by the district court — that certain government officials might avoid patronizing the Hotel because of the President’s association with it,” the opinion reads. “Even if government officials were patronizing the Hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the President enjoined from receiving income from the Hotel. After all, the Hotel would still be publicly associated with the President, would still bear his name, and would still financially benefit members of his family.”

    The decision is handed down against the backdrop of what seems to be an undying legal struggle – largely unsuccessful for those opposing the President — between the Trump administration and congressional Democrats. Just this week, Democrats issued dozens of subpoenas for Donald Trump’s business /financial records in connection with yet another emoluments-clause case in a D.C. federal court.

    So, “The Resistance” plainly presses onward, hurling the President’s way every brickbat – legal, political, personal — on which they can lay their partisan mitts. Mr. Trump, for his part, keeps dodging those fusillades. And surviving them.

    No end in sight of this pattern, for either side.

    Image: Creative Commons; CC By-SA 2.0; https://www.flickr.com/photos/taedc/29541976092/


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