Hi, and welcome back to Trump Watch! With no World Series game last night, you should all be wide awake to read this morning's newsletter. On the other hand, if you're anything like me, Baby Shark has been stuck in your head non-stop. Take a break from the Nats by reading up on what's happening with Trump doo doo, do do do do.

 

 

EmoluWHATS

The 2020 G-7 summit may no longer be held at President Donald Trump's Doral resort in Miami, but the initial announcement and the resulting backlash has renewed concerns the president may be illegally profiting from his office.

Trump has long been criticized for refusing to give up his holdings in his private businesses while he's in office. Other scandals (like, I don't know, impeachment) have since dominated the narrative, but the Doral decision compounded with recent court rulings has put the focus on allegations that Trump has violated the emoluments clause of the Constitution.

The president is facing several lawsuits alleging he is violating the domestic and foreign emoluments clause. The domestic provision says a president cannot profit from the federal government beyond his due salary, while the foreign measure blocks a president from receiving gifts from foreign leaders without congressional approval.

Trump blamed the media and Democrats for having to find another location for the U.S. to host next year's global summit. But Republicans were also critical of the decision, adding pressure to rescind the announcement. (My favorite part was Trump arguing the resort was a good choice because it was close to the airport—clearly a major factor for international leaders). Trump also slammed the Emoluments Clause this week, labeling it "phony."

Sen. Richard Blumenthal initially said that Democrats would include the Doral decision in their lawsuit alleging that Trump is violating the foreign emoluments clause. While the location is no longer being used, Democrats still cited it in a court filing in the case this week, calling the move "increasingly brazen."

The watchdog group Citizens for Responsibility and Ethics in Washington scored a win last month when the U.S. Court of Appeals for the Second Circuit overturned a district court ruling that threw out their lawsuit alleging Trump is violating the foreign emoluments Clause.

The facts alleged in the lawsuit "together with those acknowledged by the President, support the inference that the revenues of the Trump establishments are substantially (or are convertible into) personal revenues of the President," the circuit's majority opinion states.

And the state attorneys general for Maryland and D.C. will get a rare chance to reargue their lawsuit alleging Trump is violating both the domestic and foreign emoluments clauses, after the U.S. Court of Appeals for the Fourth Circuit agreed earlier this month to hear the case en banc. A three-judge panel earlier this year tossed out the lawsuit, finding the local authorities didn't have standing to bring the suit.

At the same time, the U.S. Court of Appeals for the D.C. Circuit is determining whether to advance a lawsuit from more than 200 Democratic members of Congress alleging Trump is violating the foreign emoluments clause.

Oral arguments for the D.C. Circuit were scheduled for Dec. 9, while the Fourth Circuit will hear arguments on Dec. 12. Nothing says "happy holidays" like "emoluments."

As emoluments, a term few people knew a couple years ago, makes its way back on the main stage, Democrats are still trying to learn about Trump's D.C. hotel. David Vladeck of Georgetown Law argued before the U.S. Court of Appeals for the D.C. Circuit this week that the court should allow Democrats on the House Oversight Committee to sue to obtain records on the property, including details on foreign payments.

In another twist for that case, House Transportation and Infrastructure Committee Chairman Peter Defazio on Thursday issued a subpoena to the General Services Administration for documents on the lease to the Trump hotel—which the Oversight Committee had also requested. That subpoena requests the documents be provided by Nov. 4.

"The American people have a right to know whether the President of the United States, who is serving as both the landlord and tenant of the Old Post Office Building, is violating the Emoluments Clauses of the U.S. Constitution to enrich himself, and I plan to pursue these documents with every tool at my disposal," DeFazio said in a statement.

 

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In Other News

American Oversight notched a significant win in court this week, as U.S. District Judge Christopher Cooper said he wanted the State Department to produce documents requested by the watchdog group—including communications between department officials and Trump attorney Rudy Giuliani—within 30 days. That's a big deal, as the Trump administration has refused to comply with congressional subpoenas for the same information. This might be the only way that lawmakers working on the impeachment inquiry, as well as the public, get a chance to see how Giuliani contacted the State Department and what agency officials had to say about him.

Also this week, American Oversight's senior counsel Beth France withdrew from several of the watchdog's cases. She confirmed to the National Law Journal that she's leaving the group to join We The Action, a platform that connects volunteer lawyers with nonprofits to do pro bono work, where she'll be the organization's director of partnerships.

"I'm excited to expand and support We The Action's partnership network and to help channel the time and talents of lawyers across the country to causes that need them," France said.

 

 

A Look Ahead

Oct. 26: Staff and lawmakers will apparently have to come in for a rare Saturday session for the closed-door deposition of Assistant Secretary for European and Eurasian Affairs Philip Reeker. Reeker is reportedly among the State Department officials who attempted to counter conspiracies about Ukraine floating around the department.

Oct. 28: Charles Kupperman, deputy national security adviser and longtime ally of former national security adviser John Bolton, will be interviewed behind closed doors.

Oct. 31: D.C. is saving all the fun for Halloween. Timothy Morrison, national security council director for Europe and Russia, will reportedly come in for a deposition. Bill Taylor, the Ukraine diplomat who reportedly testified about quid pro quo, cited Morrison as an individual who could corroborate his testimony. A few blocks away, a federal judge will hold a hearing on the House Judiciary Committee's lawsuit to compel testimony from ex-White House counsel Don McGahn. Also that day: The Senate Judiciary Committee votes on criticized Trump circuit court nominees Steven Menashi and Halil "Sul" Ozerden.

 

 

What We're Reading

>> Senate Confirms Ex-Kavanaugh Clerk That ABA Called 'Not Qualified' For The Bench: "The Senate on Thursday confirmed Justin Walker, a former clerk for Justice Brett Kavanaugh who received a rare "not qualified" rating from the American Bar Association, for a seat on the U.S. District Court for the Western District of Kentucky…. Walker, 37, received the ABA ranking over his lack of experience, since he has never served as counsel on a trial." [National Law Journal]

>> Judge Wants Quick Public Disclosure of Any Giuliani Ukraine Docs: "A federal judge on Wednesday said he wants the State Department to produce certain documents on Ukraine, including communications between President Donald Trump's personal attorney Rudy Giuliani and State Department officials, to a watchdog group within 30 days…. The FOIA litigation may be the best chance for the public and members of Congress to view the documents, as the Trump administration has refused to comply with congressional subpoenas for similar documents under the scope of its impeachment inquiry." [National Law Journal]

>> 'They're Making This Up': Manhattan Prosecutor Hits Back at Trump Lawyers' Claim of Immunity From State Criminal Procedures: "At one point, [Judge Denny] Chin asked [Trump lawyer William] Consovoy the 'Fifth Avenue question,' based on Trump's campaign rally quip that he could shoot someone in midtown Manhattan and he wouldn't lose any voters. Consovoy said if such an event actually happened, the New York City Police Department could not arrest the president. He added, however, that police could act once the president has left office." [New York Law Journal]

>> Lawyer for Giuliani-Linked Defendant Cites Executive Privilege Issue in Campaign Finance Case: "In an arraignment before U.S. District Judge J. Paul Oetken of the Southern District of New York, Edward Brian MacMahon Jr., a Washington, D.C.-based lawyer who represents [Lev] Parnas, said that some materials included in what is expected to be 'voluminous' discovery may be covered by executive and attorney-client privilege, given Parnas' relationship to Giuliani, the former New York City mayor who is serving as a personal attorney to President Donald Trump." [New York Law Journal]

>> 'The Godfather: Part II' Clip Won't Be Screened at Roger Stone's Trial: "Jurors sitting on Roger Stone's trial next month won't get to see a clip from "The Godfather: Part II," after a judge ruled Monday that federal prosecutors can't air the footage…. The clip is from a scene where a character, Frank Pentangeli, lies during his testimony before a congressional committee. Federal prosecutors allege that Stone referenced the scene while urging an associate, Randy Credico, to not testify before the House Intelligence Committee." [National Law Journal]

>> Federalist Society Event Will Feature Kavanaugh, Gorsuch and a Raft of Trump-Appointed Judges: "Justice Brett Kavanaugh, following in the footsteps of his conservative colleagues on the U.S. Supreme Court, including Justices Clarence Thomas, Samuel Alito Jr. and Neil Gorsuch, is expected to headline the Federalist Society's annual dinner next month in Washington…. Gorsuch also will deliver closing remarks Nov. 16. U.S. Attorney General William Barr will deliver the Barbara K. Olson Memorial Lecture on Nov. 15. Barr has faced growing criticism in recent weeks that he has appeared more as a personal defense lawyer for Trump than an independent attorney general." [National Law Journal]

>> The Judges Republicans Are Doing It All For: "With all due respect to those who wish to pretend that the unqualified, inexperienced, or wildly ideological Trump judges are just like the judges any other Republicans might have seated, or that it's bad for the judiciary as a whole to comment on which president nominated which jurist, if we can't complain about judges who explicitly carry water for the worst legal impulses of the Trump presidency or who are demonstrably lacking in any judicial qualifications beyond TV appearances insisting that Mitch McConnell is amazeballs, we are doing McConnell's work for him. Standing up for an independent judiciary actually means facing the reality that a great many of Trump's nominations aren't independent jurists." [Slate]

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Thanks for reading, and go Nats! We'll be back next week, maybe with a championship title in tow? Fingers crossed!