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Judge dismisses suits claiming Trump violated emoluments clause

standing?: the event which has not occurred

U.S. District Court Judge George Daniels ruled that the two suits were fatally flawed because the plaintiffs failed to show injury directly related to the use of Trump's properties by foreign officials and governments.

impartiality?
Daniels, who sits in Manhattan and is an appointee of President Bill Clinton, also said the issue was one that Congress should police, not the courts.

remedy?
Daniels said that even if he ordered Trump to refuse any profit from any business with foreign governments, or from state and local governments that the president is not supposed to be paid by while in office, it was unclear how that would help the plaintiffs.

"Were Defendant not to personally accept any income from government business, this Court would have no power to lessen the competition inherent in any patron's choice of hotel or restaurant," the judge said.


class certification? and jurisdiction
The class-action case claimed that Trump was violating promises he made to distance himself from his businesses, but Daniels said that kind of promise wasn't enforceable in court.

similarly situated plaintiffs
Two similar suits remain pending in other federal courts. One, filed by the State of Maryland and the District of Columbia, is pending before a judge in Greenbelt, Md. The other, filed by nearly 200 Democratic federal lawmakers, was filed in a court in the nation's capital. The judges assigned to those cases have not yet ruled on similar motions to dismiss them.

Rule of law will out. Until further notice, ie. IRS or FBI discover facts of malfeasance ("high crimes and misdemeanors" or conspiracy to defraud the USA) by mail or wire fraud committed in the first two years of Mr Trump's presidency --OR-- Mr Trump goes "black". Then all rules tossed. Hello.

archived:
mental disorder is a communicable disease. a/o Oct 2017


Diversity is the key to economic and political evolution.

by Cat on Sat Dec 23rd, 2017 at 12:26:30 PM EST
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