CREW v. Trump: Difference between revisions
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'''''Citizens for Responsibility and Ethics in Washington v. Trump''''', No. 1:17-cv-00458 (S.D.N.Y. 2017), is a case pending before the [[United States District Court for the Southern District of New York]]. The plaintiff, the watchdog group [[Citizens for Responsibility and Ethics in Washington]] (CREW), alleges that the defendant, [[President of the United States|President]] [[Donald Trump]], is in violation of the [[Foreign Emoluments Clause]], a [[United States Constitution|constitutional]] provision that bars the president or any other federal official from taking gifts or payments from foreign governments. CREW filed its [[complaint]] on January 23, 2017, shortly after Trump was [[Inauguration of Donald Trump|inaugurated as president]]. An amended complaint, adding several plaintiffs, was filed on April 18, 2017.<ref>{{cite web|url=http://www.cnbc.com/2017/04/18/lawsuit-against-trump-over-foreign-payments-expands.html|title=Lawsuit accusing Trump of violating the Constitution just expanded|date=2017-04-18|agency=Reuters|dead-url=yes|archive-date=2017-04-21|archive-url=https://web.archive.org/web/20170421030442/http://www.cnbc.com/2017/04/18/lawsuit-against-trump-over-foreign-payments-expands.html}} {{cite news|url=https://www.nytimes.com/2017/04/18/us/politics/trump-crew-lawsuit-constitution.html|title=Watchdog Group Expands Lawsuit Against Trump|date=2017-04-18|last1=LaFraniere|first1=Sharon|newspaper=New York Times|access-date=2017-06-11}}</ref> A second amended complaint was filed on May 10, 2017.<ref name="CREW201705">{{cite press release|author=<!--Staff writer(s); no by-line.-->|url=https://www.citizensforethics.org/press-release/crew-v-trump-adds-new-plaintiff/|title=CREW v. Trump Adds New Plaintiff|publisher=Citizens for Responsibility and Ethics in Washington|date=2017-05-10|access-date=2017-06-10}}</ref> CREW is represented by several prominent legal scholars in the case.<ref name="CREWvsDJTcomplaintPDF">[http://s3.amazonaws.com/storage.citizensforethics.org/wp-content/uploads/2017/01/23140054/CREW-DJT-Final.pdf Complaint], ''Citizens for Responsibility and Ethics in Washington'', No. 1:17-cv-00458 (S.D.N.Y. Jan. 23, 2017)</ref><ref name="FahrentholdJan22">{{cite web|url=https://www.washingtonpost.com/national/liberal-watchdog-group-sues-trump-alleging-he-violated-constitutional-ban/2017/01/22/5e8b35c2-e113-11e6-a547-5fb9411d332c_story.html|title=Liberal watchdog group sues Trump, alleging he violated constitutional ban|first1=David A.|last1=Fahrenthold |first2=Jonathan |last2=O'Connell|newspaper=Washington Post|date=January 22, 2017}}</ref><ref>{{cite web|authors=David A. Fahrenthold & Jonathan O'Connell|url=https://www.washingtonpost.com/politics/what-is-the-emoluments-clause-does-it-apply-to-president-trump/2017/01/23/12aa7808-e185-11e6-a547-5fb9411d332c_story.html|title=What is the ‘Emoluments Clause’? Does it apply to President Trump?|newspaper=Washington Post|date=January 23, 2017}}</ref> |
'''''Citizens for Responsibility and Ethics in Washington v. Trump''''', No. 1:17-cv-00458 (S.D.N.Y. 2017), is a case pending before the [[United States District Court for the Southern District of New York]]. The plaintiff, the watchdog group [[Citizens for Responsibility and Ethics in Washington]] (CREW), alleges that the defendant, [[President of the United States|President]] [[Donald Trump]], is in violation of the [[Foreign Emoluments Clause]], a [[United States Constitution|constitutional]] provision that bars the president or any other federal official from taking gifts or payments from foreign governments. CREW filed its [[complaint]] on January 23, 2017, shortly after Trump was [[Inauguration of Donald Trump|inaugurated as president]]. An amended complaint, adding several plaintiffs, was filed on April 18, 2017.<ref>{{cite web|url=http://www.cnbc.com/2017/04/18/lawsuit-against-trump-over-foreign-payments-expands.html|title=Lawsuit accusing Trump of violating the Constitution just expanded|date=2017-04-18|agency=Reuters|dead-url=yes|archive-date=2017-04-21|archive-url=https://web.archive.org/web/20170421030442/http://www.cnbc.com/2017/04/18/lawsuit-against-trump-over-foreign-payments-expands.html}} {{cite news|url=https://www.nytimes.com/2017/04/18/us/politics/trump-crew-lawsuit-constitution.html|title=Watchdog Group Expands Lawsuit Against Trump|date=2017-04-18|last1=LaFraniere|first1=Sharon|newspaper=New York Times|access-date=2017-06-11}}</ref> A second amended complaint was filed on May 10, 2017.<ref name="CREW201705">{{cite press release|author=<!--Staff writer(s); no by-line.-->|url=https://www.citizensforethics.org/press-release/crew-v-trump-adds-new-plaintiff/|title=CREW v. Trump Adds New Plaintiff|publisher=Citizens for Responsibility and Ethics in Washington|date=2017-05-10|access-date=2017-06-10}}</ref> CREW is represented by several prominent legal scholars in the case.<ref name="CREWvsDJTcomplaintPDF">[http://s3.amazonaws.com/storage.citizensforethics.org/wp-content/uploads/2017/01/23140054/CREW-DJT-Final.pdf Complaint], ''Citizens for Responsibility and Ethics in Washington'', No. 1:17-cv-00458 (S.D.N.Y. Jan. 23, 2017)</ref><ref name="FahrentholdJan22">{{cite web|url=https://www.washingtonpost.com/national/liberal-watchdog-group-sues-trump-alleging-he-violated-constitutional-ban/2017/01/22/5e8b35c2-e113-11e6-a547-5fb9411d332c_story.html|title=Liberal watchdog group sues Trump, alleging he violated constitutional ban|first1=David A.|last1=Fahrenthold |first2=Jonathan |last2=O'Connell|newspaper=Washington Post|date=January 22, 2017}}</ref><ref>{{cite web|authors=David A. Fahrenthold & Jonathan O'Connell|url=https://www.washingtonpost.com/politics/what-is-the-emoluments-clause-does-it-apply-to-president-trump/2017/01/23/12aa7808-e185-11e6-a547-5fb9411d332c_story.html|title=What is the ‘Emoluments Clause’? Does it apply to President Trump?|newspaper=Washington Post|date=January 23, 2017}}</ref> |
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Defendant's response to the complaint was |
Defendant's initial response to the complaint was a motion to dismiss filed on June 9, 2017 <ref name="DOCKETCOPY">{{cite web|url=http://archive.org/download/gov.uscourts.nysd.467802/gov.uscourts.nysd.467802.docket.html|access-date=2017-06-12|title="Copy of Docket"}}</ref> on the grounds that the plaintiffs had no right to sue<ref>{{cite news|url=http://www.npr.org/sections/thetwo-way/2017/06/09/532302106/trump-administration-calls-for-lawsuit-about-his-businesses-to-be-dismissed|title=Trump Administration Calls For Lawsuit About His Businesses To Be Dismissed|first1=Marilyn|last1=Geewax|date=2017-06-09|access-date=2017-06-10|agency=NPR}}</ref> and that the described conduct was not illegal.<ref>{{cite news|url=http://www.businessinsider.com/trump-emoluments-foreign-government-payments-2017-6|title=Justice Department argues it's fine for Trump to take payments from foreign governments, citing George Washington|work=Business Insider|date=2017-06-10|access-date=2017-06-10|first1=Allan|last1=Smith}}</ref> A response to the motion to dismiss is due on July 14, 2017.<ref name="ORDER29"> {{cite web|title="ORDER"|url=http://www.archive.org/download/gov.uscourts.nysd.467802/gov.uscourts.nysd.467802.29.0.pdf|date=2017-05-10|access-date=2017-06-12}}</ref> If the court does not dismiss the case, a full answer to the facts alleged in the complaint is due on August 11, 2017.<ref name="ORDER29"/> |
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== Background == |
== Background == |
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Revision as of 21:46, 12 June 2017
| CREW v. Trump | |
|---|---|
 | |
| Court | United States District Court for the Southern District of New York |
| Full case name | Citizens for Responsibility and Ethics in Washington, et al. v. Donald J. Trump, in his official capacity as President of the United States of America |
| Decided | Pending (filed January 23, 2017) |
| Defendant | Donald Trump |
| Counsel for plaintiffs | Daniel A. Small, Joseph M. Sellers, Deepak Gupta, Jonathan Ellis Taylor |
| Plaintiffs | Citizens for Responsibility and Ethics in Washington, Restaurant Opportunities Center, Jill Phaneuf, Eric Goode |
| Citation | No. 1:17-cv-00458 |
| Court membership | |
| Judge sitting | Ronnie Abrams |
Citizens for Responsibility and Ethics in Washington v. Trump, No. 1:17-cv-00458 (S.D.N.Y. 2017), is a case pending before the United States District Court for the Southern District of New York. The plaintiff, the watchdog group Citizens for Responsibility and Ethics in Washington (CREW), alleges that the defendant, President Donald Trump, is in violation of the Foreign Emoluments Clause, a constitutional provision that bars the president or any other federal official from taking gifts or payments from foreign governments. CREW filed its complaint on January 23, 2017, shortly after Trump was inaugurated as president. An amended complaint, adding several plaintiffs, was filed on April 18, 2017.[1] A second amended complaint was filed on May 10, 2017.[2] CREW is represented by several prominent legal scholars in the case.[3][4][5]
Defendant's initial response to the complaint was a motion to dismiss filed on June 9, 2017 [6] on the grounds that the plaintiffs had no right to sue[7] and that the described conduct was not illegal.[8] A response to the motion to dismiss is due on July 14, 2017.[9] If the court does not dismiss the case, a full answer to the facts alleged in the complaint is due on August 11, 2017.[9]
Background
Citizens for Responsibility and Ethics in Washington stated that because Trump-owned buildings take in rent, room rentals and other payments from foreign governments, the president has breached the Emoluments Clause. The Constitution says that "no Person holding any Office of Profit or Trust under the United States, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."[4]
An Emoluments Clause lawsuit directed at a sitting President has never been tested in court, and there is little or no established case law in this area of constitutional law. The watchdog group is asking for an injunction and declaratory judgment directed at President Trump requiring that all of his business interests should cease all business dealings with foreign states. On January 23, 2017, after the action was filed in United States District Court, Trump rejected the arguments underlying the lawsuit as "Without merit," and "Totally without merit" during his morning press conference at the White House.[10][11]
CREW is represented in the suit by "a group comprised of former White House ethics lawyers, constitutional scholars, and Supreme Court litigators,"[11] including Laurence H. Tribe of Harvard Law School; Erwin Chemerinsky, the dean of the University of California, Irvine School of Law; Richard Painter, law professor at the University of Minnesota and chief ethics lawyer in the George W. Bush administration; and Zephyr Teachout of Fordham Law School.[3] The United States Department of Justice represents Trump.[4]
Norman L. Eisen, a lawyer working on the case, "told The New York Times that he hoped the suit could also produce a copy of Trump's tax returns, which could detail the business he does with—and the money he owes to—foreign states such as China and Russia."[4][12]
Quotes from complaint
Defendant has committed and will commit Foreign Emoluments Clause violations involving at least: (a) leases held by foreign-government-owned entities in New York's Trump Tower; (b) room reservations and the use of venues and other services and goods by foreign governments and diplomats at Defendant's Washington, D.C. hotel; (c) hotel stays, property leases, and other business transactions tied to foreign governments at other domestic and international establishments owned, operated, or licensed by Defendant; (d) payments from foreign government-owned broadcasters related to rebroadcasts and foreign versions of the television program "The Apprentice" and its spinoffs; and (e) property interests or other business dealings tied to foreign governments in numerous other countries.[3]
See also
References
- ^ "Lawsuit accusing Trump of violating the Constitution just expanded". Reuters. April 18, 2017. Archived from the original on April 21, 2017.
{{cite web}}: Unknown parameter|dead-url=ignored (|url-status=suggested) (help) LaFraniere, Sharon (April 18, 2017). "Watchdog Group Expands Lawsuit Against Trump". New York Times. Retrieved June 11, 2017. - ^ "CREW v. Trump Adds New Plaintiff" (Press release). Citizens for Responsibility and Ethics in Washington. May 10, 2017. Retrieved June 10, 2017.
- ^ a b c Complaint, Citizens for Responsibility and Ethics in Washington, No. 1:17-cv-00458 (S.D.N.Y. Jan. 23, 2017)
- ^ a b c d Fahrenthold, David A.; O'Connell, Jonathan (January 22, 2017). "Liberal watchdog group sues Trump, alleging he violated constitutional ban". Washington Post.
- ^ "What is the 'Emoluments Clause'? Does it apply to President Trump?". Washington Post. January 23, 2017.
{{cite web}}: Cite uses deprecated parameter|authors=(help) - ^ ""Copy of Docket"". Retrieved June 12, 2017.
- ^ Geewax, Marilyn (June 9, 2017). "Trump Administration Calls For Lawsuit About His Businesses To Be Dismissed". NPR. Retrieved June 10, 2017.
- ^ Smith, Allan (June 10, 2017). "Justice Department argues it's fine for Trump to take payments from foreign governments, citing George Washington". Business Insider. Retrieved June 10, 2017.
- ^ a b ""ORDER"" (PDF). May 10, 2017. Retrieved June 12, 2017.
- ^ "[UPDATE] CREW Sues Trump Over Emoluments" (Press release). Citizens for Responsibility and Ethics in Washington. January 23, 2017.
- ^ a b Chris Riback (January 23, 2017). "Why Trump's business conflicts can't—and won't—just be swept aside". CNBC.
- ^ "A Look at the Group Suing Trump Over Business Conflicts". Associated Press. January 23, 2017. "A Look at the Group Suing Trump Over Business Conflicts". Tribune News Services. January 23, 2017. Retrieved June 10, 2017.
External links
- Copy of complaint filed in United States District Court (PDF, 37 pages, 271 KB)
- Copy of Second Amended Complaint filed in United States District Court (PDF, 68 pages, 407 KB)
- Copy of Memorandum in support of motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (PDF, 70 pages, 687 KB)