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MD DC v Trump Emoluments UPDATE

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Posted on June 11 2018


🇷🇺Mr. Lawless and Disorder🇷🇺

who is ethically bankrupt

and lacks morals.

A one man global wrecking blotus ball

Here’s your refresher course Summons Issued

Second Amended Complaint, DC MD v Trump

 

Federal Judge Peter J. Messitte

MD & DC have Standing...

 

Article I, Section 9, Clause 8:

 

Colloquially known as, FOREIGN EMOLUMENTS CLAUSE 

 

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

 

Article II, Section 1, Clause 7

Colloquially known as, PRESIDENTIAL EMOLUMENTS CLAUSE

Domestic Emoluments Clause, U.S. Const. art. II, § 1, cl. 7, provides:

“The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.”

See Article I, Section 10:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title....📕

 

 

📕See Yale Law Library, link found here.

 

Guarantee Clause in Article IV, Section 4:

Personally this Clause is one of my favorites, it’s declarative in nature and it is unambiguous, yet oddly this Clause is rarely discussed. Because it provides protection from foreign invasion and domestic violence.

Meaning one could argue if a President is so utterly compromised by his Foreign (personal) Business interest that he could be viewed as a “threat” to our Government. Again I can’t emphasize my frustration that this particular Clause is rarely discussed. Which is problematic given it is a “consensus” Clause meaning a “majority rule”, simplistically it means 2 of the 3 branches of Government could “Over Rule” another Branch.

This doctrine is articulated over and over in Federalist No 78

 

“The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.“

 provide protection from foreig

 

🇺🇸Federalist No 78🇺🇸

Alexander Hamilton’s 78 is an incredibly important read, because the Guarantee Clause dictates the United States Government, shall:

prevent any state from imposing rule by monarchy, dictatorship, aristocracy, or permanent military rule, even through majority vote. Instead, governing by electoral processes is constitutionally required.

“The elective mode of obtaining rulers is the characteristic policy of republican government.”

 

🇺🇸Federalist No: 39🇺🇸

James Madison defined a “republic” as:

 "a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during good behavior."

 

In today’s ruling regarding the DC and MD AGs suit against Donald J Trump, in his capacity as President and his Personal Capacity, it is in fact a YUGE hurdle. The Court issued a 47 page Opinion and a subsequent 2 page Order

The net net, is the Court determined that the MD & DC Attorneys General DO have standing to bring this action. But in a balance of equities the Court granted a partial dismissal of the “operations of the Trump Organization and the President’s involvement in the same outside the District of Columbia..”

 

🚩Page 1, Paragraph 1;

This suit alleges that President Donald J. Trump has violated the Foreign and Domestic Emoluments Clause of the U.S.Constitution.

Plaintiffs, the District of Columbia and the State of  Maryland, submit that the President is violating these Clauses because the Trump Organization, in which he has an ownership interest and from which he derives financial benefits, owns and operates a global business empire, including hotels, restaurants, and event spaces.

The President’s receipt of these benefits is said to offend the sovereign, quasi-sovereign, proprietary, and parens patriae interests of the State of Maryland and the District of Columbia. Plaintiffs seek declaratory relief establishing their rights vis-à-vis the President’s actions as well as injunctive relief prohibiting him from further violating the Clauses.

 

 

🚩Page 2 Paragraph 2 of Today’s Order/Opinion reads in part:

For the reasons that follow, the Court DENIES-IN-PART the Motion to Dismiss and finds that Plaintiffs do 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 operations in the Trump Organization with respect to them.

 

It GRANTS-IN-PART WITHOUT PREJUDICE the Motion to Dismiss as to Plaintiffs’ standing with respect to the operations of the Trump Organization and the President’s involvement in the same outside the District of Columbia.

The Court DEFERS ruling on other arguments in the Motion to Dismiss pending further oral argument.

 

 

 

Footnote 2, the Court:  sole purpose of determining the standing question, the Court will assume that “emolument” covers “anything of value,” as alleged in the Amended Complaint

 

The 2 page Order can be found, here.

Keep in mind today’s Order & Opinion follows the March 12, 2018

2 Page Memo. See previous entry here.

 

Stay tuned because this matter isn’t over, not by a long shot.

Mr. I Alone Can Fix it. Mr. Law & Order

NO ONE IS ABOVE THE LAW

including Trump 

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