RADIO (NPR): Democratic Lawmakers Say Trump Is Violating The Constitution

On Wednesday, scores of Democrats in Congress filed to sue President Trump. They believe he’s violating the Emoluments Clause by profiting from foreign governments without congressional consent.

Full Transcript

ARI SHAPIRO, HOST:

There are now three lawsuits that challenge Donald Trump’s simultaneous roles of President and international business tycoon. The latest suit was filed this morning by nearly 200 Democratic senators and representatives. They say Trump is violating a part of the Constitution meant to prevent corruption from foreign governments. NPR’s Peter Overby reports.

PETER OVERBY, BYLINE: This latest lawsuit says Trump is ignoring the Foreign Emoluments Clause of the Constitution. It requires the consent of Congress for federal officials to accept any benefits from foreign governments. In practice, this has usually meant gifts from foreign leaders and other small-scale items. Senator Richard Blumenthal, a Connecticut Democrat, says Trump shouldn’t be treated any differently.

RICHARD BLUMENTHAL: The scope and scale of President Trump’s holdings across the globe are truly unprecedented. But that’s no excuse for refusing to obey the Constitution.

OVERBY: Blumenthal is a leader among the 196 senators and representatives, all Democrats, who signed up as plaintiffs for the lawsuit. He said Congress ought to be conducting oversight to prevent corruption involving The Trump Organization’s business dealings overseas.

BLUMENTHAL: This story is unfolding in real time. He is receiving additional payments, benefits, advantages from these foreign governments. And it will continue.

OVERBY: The lawsuit grew out of research by the Constitutional Accountability Center, a progressive organization that describes itself as part law firm, part think tank. Elizabeth Wydra is the center’s president. She said the center has been working on this issue for years.

ELIZABETH WYDRA: The Emoluments Clause and frankly the word emoluments was not sort of the obscure thing that it might seem to modern Americans but was rather a crucial part of the various anti-corruption provisions that were written into the Constitution at the founding.

OVERBY: Law Professor Jonathan Adler of Case Western Reserve University has doubts that the Democrats’ argument will get traction in federal courts. But if any of the three lawsuits gets as far as the discovery phase, President Trump could have to disclose considerable financial details. Adler says that might lead to what the Democrats are seeking – congressional oversight of emoluments.

JONATHAN ADLER: Ideally Congress would be engaged in that question. And it’s certainly possible that more disclosure could induce Congress to fulfill its responsibility in that regard.

OVERBY: So far, that kind of oversight is something Republican leaders in Congress haven’t wanted to touch. And meanwhile, the Trump White House rejects the claims in the three lawsuits. In a filing last week, the Justice Department said the flow of foreign wealth to Trump companies doesn’t fit the Constitution’s definition of emoluments. Peter Overby, NPR News, Washington.

More from

Rule of Law
July 25, 2024

USA: ‘The framers of the constitution envisioned an accountable president, not a king above the law’

CIVICUS
CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact...
By: Praveen Fernandes
Access to Justice
July 23, 2024

Bissonnette and the Future of Federal Arbitration

The Regulatory Review
Every year, there are a handful of Supreme Court cases that do not make headlines...
By: Miriam Becker-Cohen
Rule of Law
July 19, 2024

US Supreme Court is making it harder to sue – even for conservatives

Reuters
July 19 (Reuters) - Over its past two terms, the U.S. Supreme Court has put an end...
By: David H. Gans, Andrew Chung
Rule of Law
July 18, 2024

RELEASE: Sixth Circuit Panel Grapples with Effect of Supreme Court’s Loper Bright Decision on Title X Regulation

WASHINGTON, DC – Following oral argument at the U.S. Court of Appeals for the Sixth...
By: Miriam Becker-Cohen
Rule of Law
July 17, 2024

Family Planning Fight Poised to Test Scope of Chevron Rollback

Bloomberg Law
Justices made clear prior Chevron-based decisions would stand Interpretations of ambiguous laws no longer given deference...
By: Miriam Becker-Cohen, Mary Anne Pazanowski
Rule of Law
July 15, 2024

Not Above the Law Coalition On Judge Cannon Inappropriately Dismissing Classified Documents Case Against Trump

WASHINGTON — Today, following reports that Judge Aileen Cannon dismissed the classified documents case against...
By: Praveen Fernandes