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Jed Shugerman @jedshug
, 7 tweets, 4 min read Read on Twitter
Major ruling in #EmolumentsClause decision today: Federal court says that the Trump International Hotel in DC may be entirely an impermissible domestic Emolument because it was an invalid benefit -an invalid lease-from the federal government. See passage:
2/ Even though this is a "just" a denial on a motion to dismiss, the judge's conclusions are on the law, plus the clear conditions of the lease. This ruling strongly suggests that a trial would lead to shutting down the Trump DC Hotel as an unconstitutional violation.
3/ The judge first quotes the lease: “No elected official of the Government...shall be admitted to any share or part of this Lease, or to any benefit that may arise therefrom.” That language is clear: Trump could not share the lease or even benefit from it...
4/ Then Judge Messitte indicates a plausible factual claim that Trump removed an Administrator for the GSA who recognized that the lease barred Trump, replaced with an new Administrator who would ignore that the lease barred Trump. This is a bigger ruling than just hotel bills.
5/ This sets up a trial that would shut down the Trump Int'l Hotel and force Trump to divest entirely. "Any benefit" means "any benefit." Shout-out to amicus co-authors @_John_Mikhail @gauthamrao @ArsScripta Jack Rakove. cc: @NormEisen @ZephyrTeachout @tribelaw @JoshuaMatz8
6/ This ruling indicates that discovery might investigate how Trump was able to obtain this lease in contradiction of its clear terms. Because such direct corruption could be considered an abuse of power, this trial could be even more perilous politically and legally for Trump.
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