1/ Most important parts of Judge Messitte's ruling today in the #EmolumentsClause case are (i) the purposive test he applies on pp. 38-39 (emolument=thing of value that has realistic "potential to unduly influence a public official," thereby . . .
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2/... thereby excluding most de minimis things); and (ii) his alternative holding in fns. 14 & 44 that even under DOJ's original "because of holding office" test, plaintiffs would win if they prove their allegations (something I discussed here: takecareblog.com/blog/how-the-d…)
3/ Also, and importantly, because the case is still in a preliminary posture, no word yet from the judge on what the remedy would be if plaintiffs prevail.
4/ P.S. Judge Messitte generously gives amicus argument that POTUS isn't limited by the FEC more attention than it warrants, and properly rejects it.
