A federal judge has denied the Trump administration’s motion to dismiss a lawsuit alleging President Trump has violated the U.S. Constitution’s emoluments clause because of his ties to his Washington hotel.
U.S. District Judge Peter Messitte in Maryland ruled the plaintiffs — Washington and Maryland — have standing. The judge limited the case to the Trump International Hotel in Washington only, excluding Trump organization activity outside of the District of Columbia.
In his 47-page order, Messittee said the plaintiffs have standing “to challenge the actions of the president with respect to the Trump International Hotel and its appurtenances in Washington, D.C., as well as the Trump Organization with respect to them.”
The lawsuit was originally brought by the watchdog group Citizens for Ethics with Washington Attorney General Karl Racine and Maryland Attorney General Brian Frosh. They argue that government officials from foreign governments are going to the Trump Hotel instead of hotels or other properties that would benefit Maryland or D.C.
The Justice Department said in court papers filed Monday there is no proof Maryland or Washington are losing customers, and even if they were, that is not a constitutional violation by Trump.
“As we argued, we believe this case should be dismissed, and we will continue to defend the President in court,” Justice Department spokesperson Kerri Kupec told the Washington Examiner in an email Tuesday.
Messitte’s ruling appears to lean toward siding with the plaintiffs.
“[A] large number of Maryland and District of Columbia residents are being affected and will continue to be affected when foreign and state governments choose to stay, host events, or dine at the Hotel rather than at comparable Maryland or District of Columbia establishments, in whole or in substantial part simply because of the President’s association with it,” he writes.
Messitte said he will schedule another hearing to hear other claims by the Justice Department. The ruling is only preliminary.
The emoluments clause prohibits a president from receiving gifts from a foreign government.
BREAKING: A federal judge has denied Trump’s motion to dismiss our emoluments lawsuit, finding that the plaintiffs—DC & Maryland—have standing! The case was brought by the Attorneys General of DC and Maryland, and we have the honor of serving as their co-counsel. #Emoluments pic.twitter.com/vgRto7Xrs5
— Jon Taylor (@jontaylor1) March 28, 2018
BREAKING: Maryland federal court has granted standing to MD and DC to proceed with #emoluments case as to Trump International Hotel in DC. We @CREWcrew are honored to serve as cocounsel with @BrianFrosh @AGKarlRacine. More to follow!
— Norm Eisen (@NormEisen) March 28, 2018
