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Zoe Tillman @ZoeTillman
, 5 tweets, 2 min read Read on Twitter
An update on the Emoluments Clause case against Trump in Maryland: Trump is now being sued in both his official and individual capacities. Today, Trump in his *official* capacity filed papers arguing why the *individual* capacity claim should be tossed assets.documentcloud.org/documents/4421…
In filing today's "statement of interest," DOJ lawyers made clear that they are only representing Trump in his official capacity, not in his individual capacity. Any motion to dismiss that Trump would want to file as an individual isn't due yet
MD and DC originally sued Trump in his official capacity. During args on Trump's motion to dismiss in January, the judge questioned whether Trump should also be sued in his individual capacity, since that was how he was connected to the Trump Org. and the biz activity at issue
So MD and DC went back and filed an amended complaint that added Trump in his individual capacity as well. That "summons" that got some attention last week was just part of the standard process for serving Trump with the amended lawsuit
Now, DOJ has filed this "statement of interest" on behalf of Trump in his official capacity, arguing that the Emoluments Clause does not apply to the president as a private individual — that it's only about what he does in his official capacity
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