, 11 tweets, 3 min read Read on Twitter
POTUS is wildly corrupt. Emoluments is supposed to do something about that. The 4th Circuit weighs in. A thread.
The 4th Circuit Court of Appeals (my Circuit) just issued an opinion in the case brought by Maryland to try to stop Trump from taking foreign bribes through the DC hotel and the rest of his businesses.
That case looks at Maryland's theory and ultimately dismisses the whole thing, basically telling the State of Maryland that it has no right to stop Trump from violating the Constitution.
Having read the entire decision, while I am unhappy with the outcome, it is a thorough, thoughtful decision by a unanimous three judge panel. Thank you @CheriJacobus for supporting Maryland's effort. assets.documentcloud.org/documents/6186…
Before I go on an apology tour for the Court: Trump is violating the Constitution in myriad ways. He is being bribed by foreign governments and royalty. He makes a mockery of the Constitution every day, as well as all concepts of limited government for the people
The question before the Court, however, is: assuming foreign money is coming into Trump, Inc. and benefiting POTUS -- who can sue? What are their damages? What power do the federal courts have to stop that or rule on that?
The 4th Circuit ruled that Maryland does not have a specific injury due to the fact that POTUS is violating the emoluments clause. (Everyone has the same injury). Therefore Maryland does not have standing under Art III of the constitution for a particularized injury
That holding follows a good deal of precedent. The HUGE problem, however, is that if POTUS can violate the constitution and no one can sue to stop him, then we have a giant clusterf@ck if the Senate is owned by Russia.
This case will no doubt proceed to SCOTUS. Given time constraints, however, that probably means that nothing will be done about this until after the next election. In which case it will be moot IF EVERYONE VOTES.
So please vote in legislators that are not owned by Russia (or Turkey or Epstein or Trump). Please encourage them to legislate appropriate limitations on the executive and please make them exercise their oversight powers. PLEASE DO NOT STAY HOME. End.
There is another case, brought by members of Congress, that has made it through the initial stages at the trial court. I would assume that POTUS will try to appeal on same grounds. Not sure whether members of Congress have better grounds. Let's hope. washingtonpost.com/politics/congr…
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