En Banc Fourth Circuit Will Reconsider Its Trump Emoluments Ruling
This is the second time in recent weeks that an emoluments lawsuit has gotten a second chance.
October 15, 2019 at 06:37 PM
3 minute read
The U.S. Court of Appeals for the Fourth Circuit has agreed to an en banc rehearing of arguments alleging that President Donald Trump is violating the emoluments clause of the Constitution.
The circuit will now hear the case brought forward by the attorneys general for Maryland and D.C. on Dec. 12, after a majority of judges on the circuit voted in favor of doing so. A unanimous panel ordered that the case be dismissed in July.
This is the second time in recent weeks that an emoluments lawsuit has gotten a second chance. A panel on the Second Circuit ruled last month to resurrect a similar lawsuit brought forward by Citizens for Responsibility and Ethics in Washington.
That case was sent back to the Southern District of New York for further proceedings.
In the July ruling, Fourth Circuit Judge Paul Niemeyer wrote that the panel found the D.C. and Maryland authorities didn't have standing to make the allegations against Trump, as the claims that foreign officials were choosing to stay at Trump properties over others were "simply too attenuated."
And he argued that allowing the case to advance in district court "could result in an unnecessary intrusion into the duties and affairs of a sitting president." Judges Dennis Shedd and A. Marvin Quattlebaum joined Niemeyer on the opinion.
The D.C. Circuit is also currently weighing whether to allow another emoluments lawsuit brought forward by about 200 Democratic members of Congress to advance.
If the Fourth Circuit rules to revive this case, it could help bolster arguments for the lawsuits in both the Southern District of New York and in the D.C. Circuit. But another ruling for the president will mark a win in Trump's efforts to keep his and his private business's financial information away from the public eye.
A panel for the D.C. Circuit ruled 2-1 Oct. 11 in favor of a congressional subpoena for Trump's private financial documents from his accounting firm Mazars, finding that the House had the right to view the information as part of their oversight duties.
Tuesday's order plays out on the backdrop on House Democrats' impeachment inquiry. While the financial documents haven't been officially requested under the scope of the inquiry, the House has since argued in court that grand jury materials included in special counsel Robert Mueller's report could support the probe into allegations that Trump withheld military aid from Ukraine as he urged Ukrainian officials to investigate former Vice President Joe Biden.
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