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Sunday, September 30, 2018

Emoluments Santa Claus?

One wonders if Donald Trump is enjoying a few days where the microscope is trained on someone other than him. Certainly, it's allowed a few somewhat embarrassing stories to largely fly under the radar. One of these is a ruling that U.S. District Judge Emmet G. Sullivan issued on Friday, which says that a lawsuit that 200 Democratic senators and representatives filed against Trump, charging him with violating the Constitution's emoluments clause, can move forward. This day was bound to arrive sooner or later, once Trump decided not to divest himself of his business holdings. Given how vague the emoluments clause is... it is not clear that Trump has violated the Constitution. But it is also not clear that he hasn't. [He clearly has, ask Jimmy Carter --d] That makes it a matter for the courts; the only issue was finding someone who has standing to sue. Now, we've got that someone (and there's also a case filed by the Attorneys General of Maryland and D.C. that is likely to be allowed to proceed). So, we are going to find out exactly what the limits of the emoluments clause are (and, as a byproduct, Donald Trump's tax returns are likely to become a matter of public record). [bolded passages bolded by me --d]

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