Trump hotel Trump International Hotel in D.C. Photo: Michael Scarcella/ALM

U.S. Justice Department lawyers will ask a federal appeals court in Washington to block a lawsuit from Democratic U.S. senators and House members that contends President Donald Trump is violating the U.S. Constitution's prohibition against presidents receiving gifts or payments from foreign states.

Justice Department lawyers have lost earlier bids to shut down the lawsuit, filed in U.S. District Court for the District of Columbia by named plaintiff U.S. Sen. Richard Blumenthal, D-Connecticut, who was joined by more than 200 other senators and members of the House. Government lawyers said Monday they intend to ask the U.S. Court of Appeals for the D.C. Circuit to issue an order pausing the case, or an order directing the trial judge to dismiss the complaint.

“If the district court's clearly erroneous orders are allowed to stand, this improper suit will proceed and the members will commence discovery aimed at probing the president's personal financial affairs because he holds federal office,” Justice Department lawyers said in a court filing. “Indeed, that discovery, the members acknowledge, may be directed at the president himself, 'distract[ing] [him] from the energetic performance of [his] constitutional duties.'”

DOJ lawyers said they will ask the D.C. Circuit to rule by July 22, seven days before third parties—including a number of Trump businesses—are scheduled to respond to subpoenas issued by the plaintiffs.

Justice Department lawyers argued in their court filing Monday that “any information produced through discovery would undoubtedly be publicized and used to distract and harass the president.”

At issue is U.S. District Judge Emmet Sullivan's ruling April 30 that said the lawmakers' complaint can proceed. Sullivan refused to dismiss claims that confront Trump's continued receipt of revenue from his private business holdings, including his hotel in downtown Washington. Last month, Sullivan, denying Trump's push to pause the proceedings, said evidence-gathering could begin June 28.

“This tremendous victory assures that President Trump will be held accountable to the Constitution and the American people—a historic triumph for legally mandated transparency,” Blumenthal said in a statement in June. “In a thoughtful, well-reasoned opinion, Judge Sullivan articulated what the law makes clear: there is absolutely no reason to delay one more day in ensuring that President Trump is held accountable for his violation of the Constitution's preeminent anti-corruption provision.”

Richard Blumenthal Sen. Richard Blumenthal, D-Connecticut. Credit: Diego M. Radzinschi / NLJ

The civil suit in Washington's federal trial court is one of several that contends Trump has violated the Constitution's “emoluments” clause, an anti-graft provision that forbids a U.S. president from profiting from public office. A federal appeals court in Richmond, Virginia, is weighing a similar push from the Justice Department to stop an emoluments suit from Maryland's federal trial court. The appeals court heard arguments in March.

The emoluments litigation is separate from other efforts, led by U.S. House Democrats, to force the Treasury Department and IRS to comply with the terms of a subpoena seeking copies of Trump's tax returns.

Trump also is fighting subpoenas, from various House committees, that seek financial-related information from his longtime accounting firm Mazars USA and from Deutsche Bank and Capital One. A D.C. Circuit panel on Friday—Judges Patricia Millett, David Tatel and Neomi Rao—will hear the Mazars case.

The U.S. Court of Appeals for the Second Circuit has set Aug. 23 to hear Trump's effort to block subpoenas issued to Deutsche Bank and Capital One.

 

The Justice Department's emoluments filing is posted below:

 

 

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