A federal appeals court sided with President Trump on Wednesday and dismissed a lawsuit alleging that the president was illegally profiting from foreign and state government visitors at his luxury hotel in downtown Washington ,
The US Circuit's Fourth Circuit's unanimous verdict is a presidential victory in a novel case filed by the Attorney Generals of Maryland and the District of Columbia, and contains anti-corruption provisions in the federal government's Emoluments clauses US Constitution.
In its ruling, the three-judge panel said the Attorney Generals lacked the legal power to file the lawsuit against the president in violation of the constitution if his company accepted payments from state and foreign governments. The ruling – by judges Paul V. Niemeyer, Dennis W. Shedd, and A. Marvin Quattlebaum Jr. – also stops dozens of subpoenas to federal agencies and Trump's private business units for financial records regarding the hotel in DC.
The interest of District and Maryland in enforcing the Emoluments Clauses is so minor and abstract that their persecution of this case easily raises the question of whether this lawsuit against the President represents a fair use of the courts that were created to be actual Cases and controversies between the two parties to resolve parties, "wrote Niemeyer in the 36-page opinion.
Trump lawyer Jay Sekulov called the layoff a "complete victory."
He said after the verdict. "These recent harassment efforts by the presidential office have been dismissed with prejudice."
Brian E. Frosh, Attorney General of Maryland, and DC's Attorney General Karl A. Racine, said they would consider reviewing it by an entire jury. The President faces a number of legal challenges his private affairs, including a separate lawsuit from Congressional Democrats. The compensation clauses at issue in the 4th Circuit case were designed to prevent undue influence on government officials, but were never applied to a seated president in court.
Despite legal challenges faced by his company, Trump has so far been able to prevent private business information from being divulged to the courts and leave it to the Democrats to wonder if Trump will be affected by the investigation, before being re-elected next year.
This is an evolving story.
Carol D. Leonnig contributed to this report.