Remember when the owners of a DC wine bar sued Trump's DC hotel, claiming it had an unfair and unlawful advantage in the market once Trump became president? buzzfeednews.com/article/zoetil… A judge is hearing arguments soon on Trump's motion to dismiss the case. Stay tuned.
Arguments just finished on Trump and his hotel's motions to dismiss an unfair competition lawsuit filed by the owners of a DC wine bar. The main argument was that Trump should be immune against private lawsuits like this that are related to his duties as president
Lawyer for the plaintiffs (Cork Wine Bar) argued that this isn't about Trump's official actions — it's just about the unfair advantage his hotel got by virtue of him *becoming* president, which is separate from litigation over what he *does* as president
Counsel for the plaintiffs also argued that the case is partly about Trump's failure to divest from the hotel before becoming president, so it isn't just about what happened after 1/20/17. Trump's lawyers argued the case didn't become ripe until Trump became president
There were also args about what DC law has to say about what constitutes an unfair advantage in the market. Trump's lawyers argued the mere fact of Trump's status isn't enough, and the plaintiffs haven't shown evidence the hotel is using Trump's status to promote the business
The wine bar's lawyer argued the common law on this issue has evolved, and that they haven't done discovery yet to learn what the hotel has been doing re: marketing, but he cited reports about people staying at the hotel to curry favor with Trump
Trump's lawyer in rebuttal said that if the case is allowed to go forward and Trump isn't immune, it could open the president up to more litigation by politically-motivated parties, and could have a "chilling effect" on business owners who want to run for president
The judge, US District Judge Richard Leon, didn't rule from the bench, and said it could be a few months before he releases an opinion, noting he has a big trial coming up
Final thing for now: This lawsuit is separate from the emoluments clause litigation going on right now that also has to do with Trump's DC hotel. This is an unfair competition claim, no emoluments clause action here
