D.C. and Maryland v. Trump

D.C. and Maryland v. Trump
United States District Court for the District of Maryland
Date decided Pending (filed June 12, 2017)
Citations No. 8:17-cv-01596
Judge sitting Peter Jo Messitte
Counsel for plaintiff(s) Natalie O Ludaway
Steven M Sullivan
Patrick Hughes
Plaintiff(s) The District of Columbia
The State of Maryland
Defendant(s) Donald Trump

D.C. and Maryland v. Trump is a lawsuit filed on June 12, 2017 in the United States District Court for the District of Maryland. The plaintiffs, the U.S. state of Maryland and the District of Columbia, allege that the defendant, President Donald Trump, has violated the Foreign Emoluments Clause of the United States Constitution by accepting gifts from foreign governments.[1][2] The lawsuit was filed by D.C. Attorney General Karl Racine and Maryland Attorney General Brian Frosh.[2][3]

The suit alleges that Trump has committed "unprecedented constitutional violations" by not disentangling his business interests from his presidential responsibilities.[3] The attorneys general cited the Trump International Hotel's effect on business in the Washington D.C. area as one reason for filing the lawsuit.[4] The suit seeks an injunction to stop Trump from violating the emoluments clause of the Constitution.[2][3] The attorneys general stated they will seek Trump's tax returns as part of their case.[5]

Context

The Maryland filing follows a lawsuit filed in January 2017 by Citizens for Responsibility and Ethics in Washington in the United States District Court for the Southern District of New York, CREW v. Trump, which also alleged that Trump has violated the emoluments clause.[3][6] The D.C. and Maryland lawsuit is the first time a government entity has sued a president for violating the clause.[1][2][3]

In response to the lawsuit on the day of the filing, White House Press Secretary Sean Spicer stated that the president was not in violation of the emoluments cause, and would "move to dismiss this case", which Spicer characterized as "partisan politics".[3][7][8] Spicer noted that both attorneys general filing the suit are Democrats.[9] Republican National Committee spokesperson Lindsay Jancek also stated that Trump was in compliance with the law, and called the lawsuit "absurd".[6]

Although the complaint was served to President Trump on June 27, 2017,[10] the parties agreed on an extension to accommodate the work load and a vacation for a DOJ lawyer, so the first formal response was not required prior to September 29, 2017.[11]

On November 28, 2017, the plaintiffs won the right to subpoena documents from the Trump Organization, forcing it to retain any documents relevant to the suit.[12]

On July 25, 2018, Federal District Judge Peter Messitte allowed the case to proceed; denying the Justice department's attempt to have the case dismissed.[13]

See also

References

  1. 1 2 LaFrainere, Sharon (June 12, 2017). "Maryland and D.C. Sue Trump Over His Private Businesses". The New York Times. Retrieved June 12, 2017.
  2. 1 2 3 4 Davis, Aaron C. (June 12, 2017). "D.C. and Maryland sue President Trump, alleging breach of constitutional oath". The Washington Post. Retrieved June 12, 2017.
  3. 1 2 3 4 5 6 Gambino, Lauren (June 12, 2017). "'Unprecedented violations': states sue Trump for not separating business ties". The Guardian. Retrieved June 12, 2017.
  4. ↑ Witte, Brian (June 12, 2017). "Maryland, D.C. attorneys general file federal lawsuit against Trump". Chicago Tribune. Retrieved June 12, 2017.
  5. ↑ Pramuk, Jacob (June 12, 2017). "Two attorneys general sue Trump: Checks and balances 'are failing us'". CNBC. Retrieved June 12, 2017.
  6. 1 2 Seitz-Wald, Alex; Siemaszko, Corky (June 12, 2017). "D.C., Maryland Officials Hit President Trump With Lawsuit". NBC News. Retrieved June 12, 2017.
  7. ↑ Quinn, Melissa (June 12, 2017). "Sean Spicer: Maryland, DC lawsuit against Trump motivated by 'partisan politics'". Washington Examiner. Retrieved June 12, 2017.
  8. ↑ Alesci, Cristina; Disis, Jill (June 12, 2017). "Maryland and D.C. sue Trump over foreign payments". CNN. Retrieved June 12, 2017.
  9. ↑ Geewax, Marilyn (June 12, 2017). "Attorneys General Of Maryland And D.C. Sue Trump Over His Businesses". NPR. Retrieved June 12, 2017.
  10. ↑ Affidavit of Service for Complaint and Summons served on Defendant, Civil Process Clerk, United States Attorney General on June 27, 2017, Docket 12, No. 8:17-cv-01596, D.M.D., Jul 5, 2017
  11. ↑ Consent Motion for Extension of Time to File Answer or other Response to the Complaint by Donald J. Trump, Docket 14 (PDF), No. 8:17-cv-01596, D.M.D., Jul 18, 2017 Paperless Order Granting 14 Consent Motion for Extension of Time for Defendant to Answer or Otherwise Respond to Complaint (until September 29, 2017), Docket 15, No. 8:17-cv-01596, D.M.D., Jul 19, 2017
  12. ↑ O'Connell, Jonathan (30 November 2017). "Maryland, D.C. get subpoena power in Trump emoluments suit". Washington Post. Retrieved 30 November 2017.
  13. ↑ Overby, Peter (25 July 2018). "Federal Lawsuit Against President Trump's Business Interests Allowed To Proceed". NPR.org. Retrieved 26 July 2018.
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