DC appeals court: Lawmakers can't sue President Trump in dispute over private business dealings
WASHINGTON–A federal appeals court ruled that members of Congress cannot sue President Donald Trump in an attempt to block his private businesses from accepting payments from foreign governments.
The three-judge panel unanimously dismissed the complaint filed by 215 Democratic lawmakers, concluding the group did not constitute a majority of either the Senate or the House, and they are "powerless to approve or deny the president's acceptance of foreign emoluments."
The Emoluments Clause is an anti-bribery provision that forbids any U.S. president from receiving gifts from foreign leaders. The term is derived from the Latin word “emolumentum,” meaning “profit” or “gain.” A similar clause bars the president from receiving domestic payments.
Democrats in Congress believe that when foreign officials stay at the Trump International Hotel in Washington, D.C., or when U.S. officials stay at a Trump resort in Scotland, the resulting profits for the president are unconstitutional.
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In dismissing the case, the judges focused on the lawmakers bringing the suit, not the constitutionality of the payments.
"For standing, the members' inability to act determinatively is important," the court concluded. "The members can, and likely will, continue to use their weighty voices to make their case to the American people, their colleagues in Congress and the president, himself, all of whom are free to engage that argument as they see fit. But we will not–indeed we cannot–participate in this debate."
The challenge was one of three such cases moving through the federal courts, all focusing on the Trump Organization's stake in hotels and restaurants that cater to customers with interests before the government that Trump leads.
The Justice Department has argued the Constitution bars the president from profiting directly from his office, not from "the proceeds of ordinary commercial transactions between foreign governments and businesses."
Trump, just two days removed from his acquittal on two impeachment counts, declared another victory.
"We just won a big emoluments case," Trump told reporters before he departed for an event in North Carolina. "It was a total win."
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The collision of Trump's private business interests and his role as president has been a concern throughout his administration. Just before he took office, he said he would turn management of his business over to his two sons. But he retained ownership.
In October, Trump announced he would host the G-7 summit of world leaders at his resort in Doral, Florida, but he abandoned the idea after a hail of criticism from Democrats and some Republicans.
At the time, Trump dismissed as “phony” the constitutional ban on federal officeholders accepting gifts from foreign governments. “You people with this phony Emoluments Clause,” Trump said.
Lawmakers who brought the complaint expressed disappointment with the ruling Friday.
"This dismaying decision adds to the already widespread fear that the checks on unbridled presidential power, corruption, and self-enrichment have been seriously undermined,” said Sen. Richard Blumenthal, D-Conn.
House Judiciary Chairman Jerry Nadler, D-N.Y., said the ruling was not an endorsement of the president's business dealings.
“The Founders recognized the dangers of foreign influence and corruption," Nadler said, "and President Trump embodies those fears every day as he profits off of his presidency."
'Phony':Donald Trump mocks 'emoluments' clause of U.S. Constitution that bans foreign gifts
Contributing: Rich Wolf and Courtney Subramanian
This article originally appeared on USA TODAY: DC court: Lawmakers can't sue Trump over private business dealings
