Lawsuit alleges Trump violated ban on presidents accepting gifts, payments from foreign gov’t without Congress consent.
The Fourth Circuit Court of Appeals voted 9-6 to reject President Trump’s bid to block claims by the state of Maryland and the city of Washington, DC, alleging violations of the US Constitution’s anti-corruption provisions.
The lawsuit alleged violations of the constitution’s “emoluments” clauses – rarely tested in courts – that ban a president from accepting gifts or payments from foreign governments without congressional consent. The plaintiffs seek a court order directing the president to divest himself of his interest in the Trump International Hotel.
Fourth Circuit Judge Diana Gribbon Motz, writing for the majority, said the court found the president had not established sufficient legal grounds for dismissal of the case.
“A petitioner must establish a clear and indisputable right to the relief sought for a writ of mandamus to issue, and the President has not done so,” Judge Motz wrote.
Jay Sekulow, a lawyer for President Trump, told Politico that Trump will take the issue to the US Supreme Court.
“We disagree with the decision of the Fourth Circuit,” Sekulow told Politico in a text message.
“This case is another example of presidential harassment. We will be seeking review at the Supreme Court,” Sekulow said.
